Mark C. Bowsher and Arline P. Bowsher v. Empire Engineering Corporation

D.C. Circuit

Mark C. Bowsher and Arline P. Bowsher v. Empire Engineering Corporation

254 F.2d 336

CourtCourt of Appeals for the D.C. Circuit

DecidedMay 9, 1958

Docket14121

StatusPublished

This text of 254 F.2d 336 (Mark C. Bowsher and Arline P. Bowsher v. Empire Engineering Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mark C. Bowsher and Arline P. Bowsher v. Empire Engineering Corporation, 254 F.2d 336 (D.C. Cir. 1958).

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Opinion

PER CURIAM.

This was an action to recover damages for trespass and deprivation of lateral support to a vacant lot owned by appellants. Appellee Empire Corporation (whose manager was appellee Shapiro) owned land adjacent to appellants’ land and on a lower level. The two parcels; were separated by a 10 feet wide unimproved strip which was dedicated to the District of Columbia and was available to be graded as an alley in the future. Desirous of having the alley graded as soon as possible, so as to benefit its own parcel, Empire was granted a permit by the District to have the alley graded at its own expense. It hired an independent contractor, appellee Dunlap, to cut and grade the alley into the hillside in accordance with specifications furnished by the District. In the process, Dunlap1 dug away some of appellants’ land, and also, when the job was finished, a sheer cliff some 16 feet high at one point existed between appellants’ land and the alley below. Appellant recovered $1,555 *337 against Dunlap for the trespass, but nothing for loss of support. We have examined the record in the District Court and find no error which warrants reversal. Had the District itself graded the alley, there could be no recovery for deprivation of lateral support. Smith v. Corporation of Washington, 1857, 20 How. 135, 61 U.S. 135, 15 L.Ed. 858.

Affirmed.

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PER CURIAM.

This was an action to recover damages for trespass and deprivation of lateral support to a vacant lot owned by appellants. Appellee Empire Corporation (whose manager was appellee Shapiro) owned land adjacent to appellants’ land and on a lower level. The two parcels; were separated by a 10 feet wide unimproved strip which was dedicated to the District of Columbia and was available to be graded as an alley in the future. Desirous of having the alley graded as soon as possible, so as to benefit its own parcel, Empire was granted a permit by the District to have the alley graded at its own expense. It hired an independent contractor, appellee Dunlap, to cut and grade the alley into the hillside in accordance with specifications furnished by the District. In the process, Dunlap1 dug away some of appellants’ land, and also, when the job was finished, a sheer cliff some 16 feet high at one point existed between appellants’ land and the alley below. Appellant recovered $1,555 *337 against Dunlap for the trespass, but nothing for loss of support. We have examined the record in the District Court and find no error which warrants reversal. Had the District itself graded the alley, there could be no recovery for deprivation of lateral support. Smith v. Corporation of Washington, 1857, 20 How. 135, 61 U.S. 135, 15 L.Ed. 858.

Affirmed.

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254 F.2d 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-c-bowsher-and-arline-p-bowsher-v-empire-engineering-corporation-cadc-1958.

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