Noone v. Price
Supreme Court of Appeals of West Virginia
171 W. Va. 185, 298 S.E.2d 218 (1982)
- Written by Sean Carroll, JD
Facts
The Noones (plaintiffs) bought a house that was built in 1928 or 1929 and was located on the side of a hill. Price (defendant) lived directly below the Noones in a house that she bought in 1955, which was built in 1912. Sometime before 1919, a concrete retaining wall was built along the side of the hill on Price’s property. The wall started to fall apart before Price bought the property. The Noones eventually found out that their house was slipping down the hill and believed it was due to the disrepair of the retaining wall on Price’s property. Price did nothing to repair the wall, and the Noones repaired their house for a cost of $6,000. The Noones filed for damages, claiming that Price failed to provide lateral support for their land by not maintaining the wall. Summary judgment was granted, in part, for Price. The Noones appealed.
Rule of Law
Issue
Holding and Reasoning (Neely, J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
