STEWART v. SMITH

No. 35007.

55 Wn.2d 563 (1960)

348 P.2d 970

MALCOLM M. STEWART et al., Appellants, v. AGNES SMITH, Respondent.

The Supreme Court of Washington, Department Two.

January 28, 1960.


Attorney(s) appearing for the Case

James M. Stewart, for appellants.

Paul O. Manley, for respondent.


FINLEY, J.

The parties to this action are owners of adjoining lots in the city of Aberdeen. The plaintiffs seek to recover damages for an alleged undermining of lateral support, claiming that the defendant, her deceased husband, or their predecessors in interest, had by excavation created an earth bank between the two lots, and that this bank had not been properly retained, with the result that earth from the plaintiffs' land had slipped or sloughed off during the...

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