Vautier v. Atlantic Refining Co.
Supreme Court of Pennsylvania
Appeal, No. 339, Jan. T., 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1906, No. 983, on verdict for plaintiffs in case of Charles Vautier et al., late trading as Vautier Brothers, v. Atlantic Refining Company. Trespass to recover damages for injuries to a crop of vegetables.
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Appeal, No. 339, Jan. T., 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1906, No. 983, on verdict for plaintiffs in case of Charles Vautier et al., late trading as Vautier Brothers, v. Atlantic Refining Company. Trespass to recover damages for injuries to a crop of vegetables. Before Barratt, J. At the trial a witness for defendant was asked this question: “Q. Were the Vautiers the only people you ever received complaints from in the spring and fall about the smoke from that stack? ” Objected to by counsel for defendant. Objection overruled; exception to defendant.…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This action was brought by plaintiffs to recover damages for injuries to their growing crops of vegetables, alleged to have been caused by noxious products, smoke and soot, emitted from the oil refinery of the defendant company. Upon the trial, evidence was offered on the part of the defendant, tending to show that the loss of the crops was not due to injuries caused by products from the smokestack of the refinery, but was owing to lack of proper care, and to the ravages of insects, and to smoke from locomotives passing upon a railroad track near by. The issue of…
2Cases cited6 opinions
- Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Stokes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Harvey v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1902
- Stewart v. DeNoonSupreme Court of Pennsylvania · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thompson v. American Steel & Wire Co.Supreme Court of Pennsylvania · 1934
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Broderick v. Great Lakes Casualty Co.Superior Court of Pennsylvania · 1943
- Loss v. Avalon BoroughSupreme Court of Pennsylvania · 1923
- McQuail v. Shell Oil Co.Court of Chancery of Delaware · 1962
7 more not listed; retrieve them via the Exa API.