Malone v. Pierce

Citations

• 231 Pa. 534
• 80 A. 979
• 1911 Pa. LEXIS 882

Syllabus

<p>Lateral support — Agreement to protect building — Principal and agent— Corporation.</p> <p>1. Where the president of a corporation which is about to excavate its land for the purpose of building agrees with the owner of the adjoining land to do the work in a particular way so that the building thereon will not be injured, and the president neglects to have the work done in the way specified, and as a consequence the neighboring building is injured, the owner who had relied upon the promise, and taken no precautions to shore up his building, may recover damages for injuries in an action of trespass against the president individually.</p> <p>2. If in such a case the president after having agreed for his company to do the work in a particular way, subsequently, of his own volition and without authority from the corporation, changed the method of doing the work, he exceeded his authority, and was answerable in damages for any injuries resulting from acts done in excess of his authority.</p>