To establish liability at common law on the part of a mine1 owner whose operations have contributed to or caused damage by subsidence, it is necessary to show that he has infringed a legal right of the party who has suffered injury. Thus if land whose stability has been diminished by undermining subsides in consequence of the mining operations of a neighbouring proprietor, the neighbouring proprietor is under no liability if his land did not afford support to his neighbour's land before any mining took place and the right of support has not been acquired against him for the
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