Foss-Schneider Brewing Co. v. Ulland

Citations

• 97 Ohio St. (N.S.) 210

Syllabus

<p>Negligence — Directed verdict — Failure of proof — Excavations — Lateral support — Liability — Flood waters — Right to repel — Exercise of care.</p> <p>1. In an action for damages claimed to have been caused through the negligence of the defendant, it is not error for the trial court to direct a verdict for the defendant where the plaintiff offers no evidence tending to prove either that the defendant was negligent in the particulars averred in the petition, or that the negligent acts complained of were the proximate cause of the injury.</p> <p>2. Where the owner of a lot in a municipality excavates to a depth greater than nine feet below the curb of the street on which his lot abuts, and such excavation causes damage to any wall, house or other building upon the lot adjoining thereto, he is liable in a civil action to the parties injured, to the full amount of such damage, regardless of whether he is or is not guilty of any negligence in making such excavation or in the construction and maintenance of any wall placed therein.</p> <p>3. Where such excavation to a depth greater than nine feet below the curb grade has not caused the damages complained of, the fact that the owner of the lot has caused such excavation to be made upon his premises does not deprive him of any right that he would otherwise have to protect his property from the flood waters of an extraordinary and unprecedented flood.</p> <p>4. The owner of property has the right to repel the invasion of his .premises by flood waters of an extraordinary and unprecedented flood, if in doing so he exercises reasonable care and caution and does not direct or increase the force of these flood waters against the adjoining property, other than the increase incident to their failure to find access to his premises.</p> <p>5. Such reasonable care does not require him to permit flood waters to accumulate in -his cellar, to the destruction of property stored therein, in order to equal or neutralize the hydrostatic