Hindson v. Markle
Supreme Court of Pennsylvania
Appeal, No. 122, July T., 1894, by defendant, from judgment of C. P. Luzerne Co., May T., 1890, No. 250, on verdict for plaintiff. Trespass for injuries caused by the pollution of a stream from deposits of culm. Before Woodward, J. At the trial it appeared that from 1880 to 1890 defendant was the managing superintendent of coal mines at Highland, and from 1890 to 1894 was a member of the firm which operated the same mines.
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Appeal, No. 122, July T., 1894, by defendant, from judgment of C. P. Luzerne Co., May T., 1890, No. 250, on verdict for plaintiff. Trespass for injuries caused by the pollution of a stream from deposits of culm. Before Woodward, J. At the trial it appeared that from 1880 to 1890 defendant was the managing superintendent of coal mines at Highland, and from 1890 to 1894 was a member of the firm which operated the same mines. The evidence tended to show that defendant directed that the water used in washing the coal should be carried by troughs to a point on the land of the coal company, and…
1Opinion of the Court
Opinion by
Mr. Justice Green,
It seems to us that this case was tried by the learned court below in exact accoi-dance with our rulings in the case of Elder v. Lykens Valley Coal Co., 157 Pa. 490. The jury was distinctly instructed that the owner of coal mines may deposit the refuse and culm upon his own lands. That if the material is carried by extraordinary floods into a stream, which runs through the land of a lower owner, and from thonce spreads over such land, the owner of the coal lands is not responsible in damages to the lower owner for the injury thus sustained. But if the refuse is…
2Cases cited2 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Elder v. Lykens Valley Coal Co.Supreme Court of Pennsylvania · 1893
3Cited by9 opinions
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- Niagara Oil Co. v. OgleIndiana Supreme Court · 1912
- Harvey v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1902
- Rock Oil Co. v. BrumbaughIndiana Court of Appeals · 1915
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