This section contains the nature of the case and procedural background.

P owned land next to D's land. A retaining wall was erected on D's land. The wall was built in 1880 by a predecessor in title to D. The wall of granite construction was in disrepair and not sufficiently strong to support the land of P without being repaired or properly braced. P's land had fallen in along the entire rear line of her property. P's land slopes down to the retaining wall. The lots of P and D were never held under the same ownership. A stable used to help support the retaining. The stable was demolished in 1937, and by the spring of 1938 there was a sinking of the land in the rear of P's lot; a hole of 4-5 feet deep and 10-12 feet wide and 6-8 feet long developed. P with D's permission shored up part of the wall with wooden timbers. This cost P $15. The repair of the wall would be $1000 to $1500. P got her injunction and D appealed.

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