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Decisions of the Superior Courts of New South Wales, 1788-1899

Wilson and another v. Grose [1837] NSWSupC 60

support to land, right to, land law, support to land

Supreme Court of New South Wales

Burton J., 16 September 1837

Source: Sydney Herald, 21 September 1837

Wednesday. - Before Mr. Justice Burton, and Messrs. Lethbridge and Shadforth, Assessors.

Wilson and another, v. Grose.  This was an action brought to recover the sum of £14. 0s. 1½d., being the amount paid for repairs done to a cottage which was injured in consequence of the defendant excavating the earth for a foundation alongside of it.  It appeared that Mr. Grose being about to erect a large house in George-street, on ground adjoining Messrs. C. and F. Wilson's ground, an agreement was entered into between them, that a party wall should be erected, one half on each of their grounds, the expenses to be jointly paid.  A foundation was dug to the depth of twelve feet; soon after it was dug, some heavy rains fell and washed the side of the earth away, in consequence of which a cottage occupied by Mr. Delion was injured.  Mr. Grose subsequently offered to pay half the expense which Mr. Wilson refused to take.  Verdict for the defendant.

Counsel for the plaintiffs, Mr. Stephen; for the defendants, Messrs. Foster and Windeyer.

Published by the Division of Law, Macquarie University