Dunbar Furnace Co. v. Fairchild
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 50 January Term 1888, Sup. Ct.; court below, No. 168 September Term 1881, C. P. On August 25,1881, an action of trespass q. c. f. was brought by John W. Fairchild, W. W. Fairchild. J. A. Fairchild and others, against The Dunbar Furnace Company.
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ERROR TO THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 50 January Term 1888, Sup. Ct.; court below, No. 168 September Term 1881, C. P. On August 25,1881, an action of trespass q. c. f. was brought by John W. Fairchild, W. W. Fairchild. J. A. Fairchild and others, against The Dunbar Furnace Company. The narr, filed September 5, 1881, charged that the defendant on September 1, 1881, with force and arms broke and entered the plaintiffs’ close in Dunbar township, containing about 362 acres, and “ then and there mined, dug and carried away the iron ore and other minerals therefrom, and felled…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The verdict in this case was rendered in favor of the plaintiffs for “single damages and interest amounting to $2,320.70.” How much of the verdict was for interest and how much for the single damages, it is impossible to learn, as the two are aggregated, and the verdict says nothing as to the amount allowed for the damages. The learned court below, on a rule for that purpose, trebled the whole amount of the verdict and entered judgment for $6,962.10. As this included interest as well as damages, and as neither the act of 1824, nor any other law, allows the interest…
2Cases cited2 opinions
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