West Virginia Supreme Court of Appeals
298 S.E.2d 218 (W. Va. 1982)
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
Holding and Reasoning (Neely, J.)
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