River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1914-02-26
POPULAR TALKS ON LAW
~ walter K. Towers, A. g., J. D., OF the
Michigan Bar.
The Acts Of your Neighbors

Quarrels not infrequently arise
between neighbors. Difficulties
may arise and disputes occur even
though neither crosses the line that
divides his possessions but con-
fines himself strictly to his own
property One may do many things
on his own property which will
effect and annoy his neighbors. He
may burn cheap grade of soft
coal which scatters SCOT and smoke
over his neighbours premises. He
may dig a ditch close to the line
which causes his neighbours land to
cave In with the results that his
barn topples over. Or he may build
al unsightly shed, close to the
street, which seriously affects the
appearance of his neighbours prem.
ises and shuts off the light and air
from his house. Still again he may
blast some srumps. and pieces of
rock may fly across the line of his
property and kill his neighbours
COW. So it is, that one often has
need to know of his rights against
neighbor who has done things on
his own property to the injury of
the man who owns the property
next to his These are questions
of the rights of adjoining landown-
ers.
We have heard that an English
mans house is his castle and il is
general rule of law that one has the
widest control over his own pro-
perty and may do with it about as
he pleases But there are certain
rights of his neighbor in particular.
as well as of the public as a whole,
which must be recognized and re-
spected In so far as possible one
must use his own property in such
a manner as not to do injury TO the
properly Of his neishbor adjoining.
One may enjoy his own property
but he must enjoy it in such a man.
ner as not to injure the property of
another. But this rule cannot be
absolutely enforced for it is limited
by the larger principle before stated
that one is supreme in his own
dominions So if one makes use of
property which is Legitimate and
yet which causes injury to his neigh
Dor that neighbor must suffer with
out legal redress. 1t all depends
on whether the use is justified.
Where one wishes to blast with
powerful explosives on his own
premises in the improvement there
of he is bound to proceed with all
possible care and caution and if he
does not do so he is responsible for
any injury that may result to the
property adjoining. If he hires
another to do the work under his
direction he is still liable for any
injury resulting from any lack of
caution or proper execution of the
work. If he hires contractor to do
the work, so that it is not under his
own control and direction, he is not
liable for the contractors faults,
unless he knew that the contractor
was to proceed in an improper man.
ner Some states under certain
have held that one
is absolutely liable for the results
of blasting on his premises whether
he has been in any way at fault or
not. This view has been taken in
cities where it is frequently insisted
that the use of high explosives on
city lot is unreasonable, unusual
and unnatural use of property and
for such use he must answer to his
Az %ASo ACAS uOOib WAObdCA thOlC AoS
been any lack of care or not. Blast
ing in unsettled communities, away
from buildings, with the usual and
proper precautions is not usually
held to be an unreasonable use of
property for which the person blast
ing is answerable. unless he has
proceeded with lack of caution. A
landowner may secure an injunction
to prevent a neighbor from blasting
without the use of usual and pru-
dent safeguards.
Whether one keeps his own prem
ises in repair or not is generally an
affair of his own, yet if he fails to
keep his premises in proper repair
and, because of this, injury occurs
RI fha proOerfv of his n1iohb0r AS