Legal Opinion

Noonan v. Pardee

Supreme Court of Pennsylvania

Decided October 11, 1901No. Appeal, No. 74PublishedCited by 73 opinions

Appeal, No. 74, Jan. T., 1900, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 1299, on verdict for plaintiff in case of Michael Noonan v. Calvin Pardee. Trepass for injuries caused by a cave in of surface.

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Appeal, No. 74, Jan. T., 1900, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 1299, on verdict for plaintiff in case of Michael Noonan v. Calvin Pardee. Trepass for injuries caused by a cave in of surface. Halsey, J., charged in part as follows : Michael Noonan and Margaret Noonan, his wife, have brought suit here against C. Pardee, administrator of Ario Pardee, deceased, and Frank Pardee, to recover damages because of injury alleged to have been done by the defendants to the plaintiffs’ property in the removal of the coal underlying the same or in adjacent or proximate…

1Opinion of the Court

Opinion by

Mb. Justice Dean,

The plaintiffs purchased a lot by deed of April 22, 1890, in the borough of Hazleton, Luzerne county, and erected upon it a dwelling house. While they occupied the house, on January 11,1892, the ground under it and in the neighborhood, subsided, leaving a saucer-like depression about three fegt deep in the middle and extending over about two acres. The subsidence or “ cave in ” was caused by the mining of coal by the defendant, or his predecessors, under the subsided land; whether immediately under plaintiff’s lot, or at some distance, is in dispute on the evidence;…

2Cases cited2 opinions

  1. Wilhelm's AppealSupreme Court of Pennsylvania · 1875
  2. Stackhouse v. Charles H. Vendig & Co.Supreme Court of Pennsylvania · 1895

3Cited by73 opinions

  1. Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
  2. Anthony v. Koppers Co., Inc.Superior Court of Pennsylvania · 1980
  3. Fisher v. HillSupreme Court of Pennsylvania · 1951
  4. Fields v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
  5. Commonwealth v. Barnes & Tucker Co.Supreme Court of Pennsylvania · 1974

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