Spohn v. Dives

Citations

• 174 Pa. 474
• 34 A. 192
• 1896 Pa. LEXIS 908

Syllabus

<p>Adjoining landowners — Lateral support — Negligenoe.</p> <p>One who makes an excavation upon his own land deeper than the foundation of the building upon an adjoining lot, without notifying the owner of the building to protect his property, is liable for the fall of the foundation wall caused by his failure to use ordinary care and diligence to protect it.</p> <p>Lateral support — Negligence—Evidence—Question for jury.</p> <p>In an action to recover damages for injuries caused to plaintiffs’ building by excavations made by defendants on their own land, the case is for the jury where the evidence tends to show that the defendants’ excavations were carried very considerably beneath the level of plaintiffs’ foundation; that some of the soil underneath plaintiffs’ foundation fell out; that no-measures whatever looking towards the support of plaintiffs’ wall were taken by defendants until part of the soil supporting it on defendantsr side had been removed, nor until the wall showed signs of giving way, and the chimney attached to the kitchen had actually fallen; that afterwards, two horizontal props were run in under the brick part of the wall, upheld on defendants’ property and in plaintiffs’ cellar by perpendicular posts; that at some time two or three or more other props were placed against the wall slanting upwards from defendants’property; that neither of these expedients taken alone', nor both of them applied simultaneously, were reasonably sufficient, according to described customary methods, to protect the structure from sinking; and that the structure was injured by sinking.</p>