Wigglesworth v. Brodsky

Citations

• 30 Del. 586
• 7 Boyce 586
• 110 A. 46
• 1920 Del. LEXIS 50

Syllabus

<p>1. Adjoining Landowners—Negligence in Excavating Near Plaintiff’s House Held for Jury.</p> <p>In an action by plaintiff, whose house had settled, against an adjoining owner, who excavated his cellar, and the contractor doing the work, evidence held sufficient to go to the jury.</p> <p>2. Courts—On Appeal by Plaintiff From Common Pleas to Superior Court, Case is Tried de novo.</p> <p>On appeal by plaintiff from the Court of Common Pleas to the Superior Court, the case is tried de novo, without regard to determination of lower court.</p> <p>3. Adjoining Landowners—No Prescriptive Right to Security From Excavation.</p> <p>A property owner, whose house had been built more than 20 years, does not acquire by lapse of time a prescriptive right of security against excavation upon the adjoining land.</p> <p>4. Adjoining Landowners—In Excavating, Owner Must Use Ordinary Care.</p> <p>An owner of land adjoining land upon which there is a building may lawfully excavate upon his own land, or deepen an existing cellar, although he endangers the structure; but it is his duty to proceed with the excavation in an ordinarily skillful and careful manner, and he is bound, to use reasonable and ordinary care to prevent injuring the building depending on the circumstances.</p> <p>5. Adjoining Landowners—Owner Making Excavation Should Notify Adjoining Owner.</p> <p>A landowner, who is about to make an excavation on his land adjacent to that on which there is a building, should notify the owner of the building of his intention.</p> <p>6. Adjoining Landowners—Knowledge of Owner of Adjoining Building Excuses Notice of Intention to Excavate.</p> <p>Where a landowner making an excavation did not notify the owner of /an adjoining building of his intention, the fact that the adjoining owner had knowledge of the excavation may be considered.</p> <p>7. Adjoining Landowners—Notice of Excavation Does not Excuse Want of Care.</p> <p>Where a landowner makes excavations on property adjoining a buildi