Stevenson v. Ebervale Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 99, Jan. T., 1902, by defendants, from judgment of C. P. Luzerne Co., May T., 1896, No. 657, on verdict for plaintiff in case of Joseph Stevenson v. Ebervale Coal Company et al. Trespass to recover damages for pollution of a stream by coal dirt. Before Newcomb, J., specially presiding.
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Appeal, No. 99, Jan. T., 1902, by defendants, from judgment of C. P. Luzerne Co., May T., 1896, No. 657, on verdict for plaintiff in case of Joseph Stevenson v. Ebervale Coal Company et al. Trespass to recover damages for pollution of a stream by coal dirt. Before Newcomb, J., specially presiding. See Stevenson v. Ebervale Coal Co., 201 Pa. 112. When William F. Dodge was on the stand, he was asked this question: “ Q. State whether it is possible or practicable to flush out this mill race, mill dam and reservoir.” Objected to on the ground that it has not been shown that witness is qualified…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Nearly all the assignments of error in this case have been, in substance, passed upon in appeal between same parties, opinion by Justice Beown, 201 Pa. 112. The history of the case, in any of its material facts, has not been changed by the trial which has resulted in this appeal. As we read the testimony of the witnesses as to the market value of the property before the damage complained of and its market value as affected by the wrongful acts of defendants, the verdict approaches the verge of that excessiveness, which in Smith v. The Times Publishing Co., 178 Pa.…
2Cases cited4 opinions
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
- Philadelphia Ball Club, Ltd. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
- Stevenson v. Ebervale Coal Co.Supreme Court of Pennsylvania · 1902
3Cited by35 opinions
- Marrazzo v. Scranton Nehi Bottling Co.Supreme Court of Pennsylvania · 1970
- Wade v. S. J. Groves & Sons Co.Superior Court of Pennsylvania · 1981
- Commonwealth v. CavalierSupreme Court of Pennsylvania · 1925
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Sabella, D. v. Appalachian Development Corp.Superior Court of Pennsylvania · 2014
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