Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's Administrator
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: No. 60, to January Term 1868. This was an action on the case to March Term 1858, brought by Matthias S. Richards against the Little Schuylkill Navigation, Railroad and Coal Company. The declaration contained two counts.
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Error to the Court of Common Pleas of Schuylkill county: No. 60, to January Term 1868. This was an action on the case to March Term 1858, brought by Matthias S. Richards against the Little Schuylkill Navigation, Railroad and Coal Company. The declaration contained two counts. The first was for injury to the forge-dam of plaintiff, upon the Little Schuylkill river, by reason of defendants, by their servants and employees, casting and throwing into said river, above the dam, and near to and along the said stream, large quantities of coal-dirt, slate and loose earths, which, by the action of the…
1Opinion of the Court
The opinion of the court was delivered, by
A&new, J.
All the assignments of error, from the 4th to the 11th inclusive, involve substantially the same question, and may be considered together. The plaintiff’s intestate was the owner of a dam and water-power upon the Little Schuylkill river. In process of time, from 1851 to 1858, the basin of the dam became filled with the coal-dirt, washed down by the stream from the mines above, of several owners, upon Little Schuylkill, Panther creek and other tributaries. They were separate collieries, worked independently of each other. The plaintiff seeks…
2Cases cited5 opinions
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
- Partenheimer v. Van OrderNew York Supreme Court · 1855
- Russell v. TomlinsonSupreme Court of Connecticut · 1817
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- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
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