Mulchanock v. Whitehall Cement Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 253, Jan. T., 1915, by plaintiff, from final order of C. P. Lehigh Co., April T., 1913, No. 79, refusing to take off compulsory nonsuit, in case of Andrew Mulchanock v. The Whitehall Cement Manufacturing Company. Trespass to recover damages for injuries to plaintiff’s dwelling. Before Groman, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 253, Jan. T., 1915, by plaintiff, from final order of C. P. Lehigh Co., April T., 1913, No. 79, refusing to take off compulsory nonsuit, in case of Andrew Mulchanock v. The Whitehall Cement Manufacturing Company. Trespass to recover damages for injuries to plaintiff’s dwelling. Before Groman, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the refusal of the court below to take off a judgment of compulsory nonsuit. The plaintiff and defendant were owners of properties which were separated only by a public road. The defendant operated a stone quarry, distant some two hundred and fifty feet from the premises of plaintiff. The blasting operations were so conducted that large pieces of rock were frequently cast upon the property of plaintiff. It appears that, prior to the explosion, the defendant was good enough to notify the plaintiff, or members of his ■ family, of the impending…
2Cases cited2 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
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- Federoff Et Ux. v. Harrison Const. Co.Supreme Court of Pennsylvania · 1949
- Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
- Baier v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1938
- Fritz v. E. I. duPont De Nemours & Co.Superior Court of Delaware · 1950
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