Pollock v. Pittsburgh, Bessemer & Lake Erie R. R.
Supreme Court of Pennsylvania
Appeal, No. 114, Oct. T., 1922, by defendant, from judgment of O. P. Butler Co., June T., 1922, No. 106, on verdict for plaintiff, in case of I. N. Pollock v. Pittsburgh, Bessemer & Lake Erie Railroad Oo. Trespass for personal injuries. Before Reiber, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $3,347.25. Defendant appealed. Error assigned, inter alia, was refusal of judgment n. o. v. for defendant, quoting record.
1Opinion of the Court
Opinion by
Me. Justice Kephart,
Plaintiff, a passenger in an automobile, was injured when the public road on which he was traveling gave way, taking the car and its occupants down a steep cut running parallel with the road, defendant having removed the lateral support from the highway.
The doctrine of lateral support is a very old one, and has uniformly been held to be the right of an owner to *470have Ms land supported and protected in its natural condition by the land of the adjoiner. Before the right can be extended to buildings or other improvements imposed thereon negligence^ malice or…
2Cases cited6 opinions
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Gramlich v. WurstSupreme Court of Pennsylvania · 1878
- Durante v. AlbaSupreme Court of Pennsylvania · 1920
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Home Brewing Co. v. Thomas Colliery Co.Supreme Court of Pennsylvania · 1922
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ayers v. MorganSupreme Court of Pennsylvania · 1959
- Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Med-Mar, Inc. v. DILWORTHSuperior Court of Pennsylvania · 1969
- Kitchener v. WilliamsSupreme Court of Kansas · 1951
22 more not listed; retrieve them via the Exa API.