Ulland v. Foss-Schneider Brew. Co.

Citations

• 28 Ohio C.C. Dec. 673
• 28 Ohio C.C. (n.s.) 529

Syllabus

<p>BUILDINGS — EXCAVATIONS—FLOODS.</p> <p>Jones, Jones and Gorman, JJ.</p> <p>1. Nine Foot Excavation Rule Creates Liability Regardless of Skill.</p> <p>Where the owner of a lot in a municipality excavates and constructs a cellar to a greater depth than nine feet below the curb grade of the street on which such lot abuts, as proscribed by See. 3782 G. C., and such excavation causes any damage to any wall, house or other building upon the lots adjoining thereto, such owner is liable in a civil action to the property injured to the full amount of such damage without regard to the care or skill with which said cellar may have been constructed or maintained.</p> <p>2. One Excavating More than Nine Foot Cellar Bound to Protect Adjacent Buildings.</p> <p>The duty of one who digs such cellar beyond the statutory depth is not only to protect the adjoining property while the work is in progress but during the entire time he continues to maintain such excavation.</p> <p>3. Owner of Buildings in Flood, District Governed by Nine Foot Excavation Statute.</p> <p>This rule applies equally to lands within what is known as a flooded district subject to customary periodical overflow from back water from a river at flooded seasons and such conditions must be- considered and provided for in the construction and maintenance of the walls and concrete floors of such cellar so as to prevent the passage into it of the soil from under the foundation walls of adjoining structures and their consequent undermining.</p> <p>4. Proximate Cause of Undermining Building, Whether Flood or Loss of Lateral Support, Question for Jury.</p> <p>The question whether the proximate cause of the damages arising from the undermining and collapse of a house was the withdrawal of proper lateral support by reason of the maintenance of an adjoining excavation more than nine feet below curb grade or was the result of an extraordinary and’ unprecedented flood, regardless of such excavation, is a question of fact to be