Jones v. Hacker

Citations

• 104 Kan. 187
• 178 P. 424
• 1919 Kan. LEXIS 219

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Building — Lateral Support — Excavation on Adjoining Lot — Easement. The owner of a building has no natural easement for the lateral support of the land of an adjoining owner. The obligation rests upon him to shore or protect his building on notification or knowledge that the adjacent proprietor intends to make an excavation; and where there is no statutory or contractual obligation, one who exercises reasonable care and skill in excavating on his own land is not liable for injuries resulting to buildings on adjoining land.</p> <p>2. Same — Lateral Support — Excavation—Instruction. In an action to recover damages to the building of the plaintiffs caused by an excavation made by the defendant on his adjoining lot, it was not error to instruct that if plaintiffs had notice or knowledge that the excavation was to be made, defendant had the right to excavate the full length of his lot and was not required to remove the dirt in his excavation in sections, provided he used ordinary care and skill in making the excavation.</p> <p>3. Same — Findings—Not Inconsistent. The special findings examined, and held not to be inconsistent with each other or with the general verdict.</p>