Kistler v. Thompson
Supreme Court of Pennsylvania
Appeal, No. 134, Oct. T., 1893, by defendant, Samuel Thompson, from judgment of O. P. Washington Co., Feb. T., 1892, No. 62, on verdict for plaintiffs, J. M. Kistler and Martha Kistler, his wife. Trespass for destruction of plaintiff’s spring, caused, as was alleged, by the caving in of defendant’s mine, where supports had been withdrawn in defendant’s coal mine.
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Appeal, No. 134, Oct. T., 1893, by defendant, Samuel Thompson, from judgment of O. P. Washington Co., Feb. T., 1892, No. 62, on verdict for plaintiffs, J. M. Kistler and Martha Kistler, his wife. Trespass for destruction of plaintiff’s spring, caused, as was alleged, by the caving in of defendant’s mine, where supports had been withdrawn in defendant’s coal mine. At the trial, before McIlvaine, P. J., it appeared that plaintiff owned the surface over a vein of coal belonging to defendant. Defendant did not mine the coal himself, but leased it to other parties. The leases were lost, but…
1Opinion of the Court
Per Curiam,
Nothing could be more clear, or more correct, than the charge of the learned court below to the jury on all the legal aspects of the contention between the parties. The same is true as to the charge upon the facts, and the only real question before this court is, whether there was sufficient evidence of the defendant’s intervention, and direction of the mining, to warrant the court in leaving to the jury the question whether that mining caused the plaintiff’s injury. After having read the testimony on that subject, we think it was not only sufficient to justify the court in…
2Cited by12 opinions
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- Republic Iron & Steel Co. v. BarterSupreme Court of Alabama · 1928
- West Kentucky Coal Co. v. DilbackCourt of Appeals of Kentucky (pre-1976) · 1927
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