Stearns v. City of Richmond

Citations

• 88 Va. 992
• 14 S.E. 847
• 1892 Va. LEXIS 61

Syllabus

<p>1. Land Owners—Lateral support—Removal—Damages—It is an ancient principle of the common law that every land-owner has a right to lateral support for his soil as against the adjoining soil of his neighbor; and such right exists as well against the public as against an individual ; and as against either, he is entitled to damages for an injury caused as the direct result of the removal of such lateral support.</p> <p>2. Idem—Case at bar.—In changing the grade of a street, a city excavated to the depth of sixty feet, causing plaintiff’s abutting land to cave in to such an extent as to destroy fhe walls of brick buildings thereon twenty feet from the street line. The fallen earth was used in a neighboring pit;</p> <p>Held:</p> <p>A taking of plaintiff’s property and the resulting damages were direct and not consequential.</p> <p>3. Streets— Dedication—Acceptance.—Where in action against city for damages caused by changing the grade of a street, the declaration was drawn upon the idea that the street was established when the alleged wrong was committed, that is decisive so far as this case is concerned, of the question whether or not, when the street was dedicated, it was accepted by the city within a reasonable time.</p> <p>4. Appellate Practice— Case at bar—At the first trial of this action there was a verdict for the plaintiff for 81,000 damages. On defendant’s motion, this was set aside, and plaintiff excepted. Afterwards a jury being waived, the court gave judgment for defendant. To this also plaintiff excepted, and the evidence (not the facts) is certified;</p> <p>Held :</p> <p>This court discovering error in the setting aside of the verdict, sets aside all the proceedings subsequent thereto, and enters judgment thereon. 'Acts 1889-’90, p. 90. Mears v. Dexter, 86 Va. 828.</p>