Elements of the Law of Torts for the Use of Students
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613.
2 Bonomi v. Backhouse, supra.
'■> Thurston v. Hancock, 12 Mass. 220 ; Cases on Torts, 325. See Gilmore v. Driscoll, 122 Mass. 199. Some doubt was cast upon this doctrine in a dictum in Eadcliff v. Brooklyn, 4 Comst. 195, 203, on the ground that it might interfere in cities with the use of property. Bat this dictum has been disregarded. Farrand v. Marshall, 21 Barb. 409, 414 ; McGuire v. Grant, 1 Dutch. 356, 367. See Foley v. Wyeth, 2 Allen, 131.
272 LAW or TOETS. [Part H.
premises being lo...cated on the side of a hill, it becomes necessarj- for the plaintiff to vacate his house, and to take it down, to prevent it from sliding into the defendant's pit. The defendant is not liable, since the plaintiff had acquired no legal right to the support of his house.* A right to lateral support of buildings is in the nature of a right of easement, and in England can be acquired either by grant or by prescription.^ In this country the right cannot, it seems, be acquired by prescription.^ But even in England, though a building may have stood upon the plaintiff's premises for the period of prescription, if its walls were improperly constructed, so as for this cause to give way, and not by reason of the excavation alone, the plaintiff cannot recover.* And the same would be true, if, within the period of prescription, a new story were added to the house, whereby the pressure was so increased as to cause the sinMng.* On the other hand, it is to be observed that the mere fact that there were buildings, recently erected, standing upon the border of the owner's land when it sank, will not prevent his recovering damages.
What to read after Elements of the Law of Torts for the Use of Students?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
613.
2 Bonomi v. Backhouse, supra.
'■> Thurston v. Hancock, 12 Mass. 220 ; Cases on Torts, 325. See Gilmore v. Driscoll, 122 Mass. 199. Some doubt was cast upon this doctrine in a dictum in Eadcliff v. Brooklyn, 4 Comst. 195, 203, on the ground that it might interfere in cities with the use of property. Bat this dictum has been disregarded. Farrand v. Marshall, 21 Barb. 409, 414 ; McGuire v. Grant, 1 Dutch. 356, 367. See Foley v. Wyeth, 2 Allen, 131.
272 LAW or TOETS. [Part H.
premises being lo...cated on the side of a hill, it becomes necessarj- for the plaintiff to vacate his house, and to take it down, to prevent it from sliding into the defendant's pit. The defendant is not liable, since the plaintiff had acquired no legal right to the support of his house.* A right to lateral support of buildings is in the nature of a right of easement, and in England can be acquired either by grant or by prescription.^ In this country the right cannot, it seems, be acquired by prescription.^ But even in England, though a building may have stood upon the plaintiff's premises for the period of prescription, if its walls were improperly constructed, so as for this cause to give way, and not by reason of the excavation alone, the plaintiff cannot recover.* And the same would be true, if, within the period of prescription, a new story were added to the house, whereby the pressure was so increased as to cause the sinMng.* On the other hand, it is to be observed that the mere fact that there were buildings, recently erected, standing upon the border of the owner's land when it sank, will not prevent his recovering damages.
What to read after Elements of the Law of Torts for the Use of Students?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
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