ANOTHER LEGAL POINT DECIDED.

Evening Star, Issue 3500, 12 May 1874, Page 3

ANOTHER LEGAL POINT DECIDED.

A man can excavate to the edge of his own laud without being called on to. prevent his neighbor’s land, house, or other property from falling down, so his Honor Judge Cope decided in the County Court on the 9fch inst. It was a case in which oae Gray owned a house at Emerald Hill, and a man named Wash, who owned the adjoining block, commenced to bvrld on his land. Jn excavating a cellar close up to the edge of Gray’s boundary line, on which his house stood, part of Gray’s house fell in, and in February last he sued Walsh for Ll5O damages, '■‘hen the caue was tried, his Honor-reserved judgment on the point, although inclined at ihe tune to rule in favor of the plaintiff, the ‘omruou neuse view being that a man ought to support bis neighbor's land in such a case ; but on ihe 9ih inst. his Honor said it was clear from the well i.now’n case of Wyatt v. H cirri ion and others that a person could excavate to the edge of his own land without responsibility, and the verdict would, therefore, be for the defendant. On the application of Mr Quinlan, to allow a non suit to bo entered, as a similar point in a case was before the Supreme Court in another action, bis Honor decided auddirected a non-suit.