Kansas City Northwestern Railroad v. Schwake

Citations

• 70 Kan. 141
• 78 P. 431
• 68 L.R.A. 673
• 1904 Kan. LEXIS 18

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Liability to Adjoining Landowners for Excavation of an Alley. Where a railroad company appropriates an alley in a city for the purpose of laying its tracks, and makes a deep excavation therein close to the lot line, the damages recoverable by an abutting owner are restricted to the special injury sustained by him by reason of being cut off from access to, and egress from, his property. A landowner does not suffer damages recoverable at law for injury to lateral support of his ■ property until the earth is so much disturbed that it slides or falls. The actionable wrong for impairment to lateral support, is not the excavation, but the act of allowing the owner’s land to fall.</p>