Phipps v. Busic

521 P.2d 1048, 268 Or. 515, 1974 Ore. LEXIS 482
CourtOregon Supreme Court
DecidedMay 2, 1974
StatusPublished
Cited by1 cases

This text of 521 P.2d 1048 (Phipps v. Busic) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phipps v. Busic, 521 P.2d 1048, 268 Or. 515, 1974 Ore. LEXIS 482 (Or. 1974).

Opinion

O’CONNELL, C.J.

This is an action to recover damages to plaintiffs’ land resulting from the alleged withdrawal of lateral support. Plaintiffs appeal from a directed verdict in favor of defendants. The question on appeal is whether there was sufficient evidence to raise a submissible issue of the defendants’ strict liability for the removal of lateral support.

The principle of lateral support with which we are here concerned is stated in 4 Restatement of Torts § 817, p. 187 (1939):

“(1) Except as stated in § 818, a person who withdraws the naturally necessary lateral support of land in another’s possession, or support which has been substituted for the naturally necessary support, is liable for a subsidence of such land of the other as was naturally dependent upon the support withdrawn, in the absence of a superseding cause or other reason for relieving him.”

As Comment c explains, “Naturally necessary lateral support is that support which the supported land itself requires and which in its natural condition and in the natural condition of the surrounding land it would require.”

It is undisputed that defendants’ withdrawal of lateral support caused plaintiffs’ land to subside. The only question is whether the alterations in plaintiffs’ [517]*517land were a substantial factor in causing their land to subside. If plaintiffs’ land would have subsided even if the alterations on plaintiffs’ land had not occurred, defendants would be strictly liable for the subsidence.

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Cite This Page — Counsel Stack

Bluebook (online)
521 P.2d 1048, 268 Or. 515, 1974 Ore. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phipps-v-busic-or-1974.