Myer v. Hobbs
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. M. J. SAPEOLE. The appellant, Myer, who was a tenant occupying rented premises in the city of Selma, brought this action against the appellee, Hobbs, who was the proprietor of an adjoining lot, to recover damages resulting from a fall of a wall in the house occupied by appellant, which was caused by the negligent and careless manner in which appellee made certain excavations on his own lands.
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Appeal from Circuit Court of Dallas. Tried before Hon. M. J. SAPEOLE. The appellant, Myer, who was a tenant occupying rented premises in the city of Selma, brought this action against the appellee, Hobbs, who was the proprietor of an adjoining lot, to recover damages resulting from a fall of a wall in the house occupied by appellant, which was caused by the negligent and careless manner in which appellee made certain excavations on his own lands. The defendant, among other defenses, pleaded that before and at the time of the fall of the wall, he was the odrner and in possession of a lot…
1Opinion of the CourtStone, J.
"We have no disposition to discuss or reexamine the principles settled in Moody v. McClelland, 39 Ala. 45. That case was thoroughly considered, and embraces an elaborate collation of authorities, English and American, and we are satisfied with the principle then announced, “ that every man has a right to lateral support for - his land from the adjacent lands of other proprietors, and *177that the latter can not impair or destroy this right by excavations on their own lands; bnt this principle applies only to the land itself in its natural state, and does not extend to houses, or other artificial…
2Cases cited4 opinions
- Howell v. WilsonIndiana Supreme Court · 1831
- Moody v. McClellandSupreme Court of Alabama · 1863
- Young v. New York Central Rail RoadNew York Supreme Court · 1859
- Gardner v. HearttNew York Supreme Court · 1848
3Cited by13 opinions
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Looker v. Gulf Coast FairSupreme Court of Alabama · 1919
- Rome & Decatur Railroad v. ChasteenSupreme Court of Alabama · 1889
- Parker v. HodgsonSupreme Court of Alabama · 1911
- St. Louis-San Francisco Railway Company, a Corporation, Plaintiff-Appellant-Cross v. R. A. Wade, Jr., Etc., Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1979
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