Emerson v. Schoonmaker
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS OE EAYETTE COUNTY. No. 373 January Term 1890, Sup. Ct.; court below, No.-130 December Term 1883, C. P. On October 16, 1883, Martha Emerson and Alfred Emerson, her husband, in right of said Martha, brought case against James M. Schoonmaker. Issue.
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APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS OE EAYETTE COUNTY. No. 373 January Term 1890, Sup. Ct.; court below, No.-130 December Term 1883, C. P. On October 16, 1883, Martha Emerson and Alfred Emerson, her husband, in right of said Martha, brought case against James M. Schoonmaker. Issue. At the trial on February 24, 1888, the plaintiff’s case was to ■the effect that Mrs. Emerson was the owner of the surface of about 46 acres of land, the coal under which was held and mined by the defendant under the terms of a lease by which all the coal might be taken out except that under one…
1Per curiam
The right of the beneficial plaintiff to recover depended on questions of fact which were properly submitted to the jury and found in her favor. The verdict was fully warranted by the evidence, and there appears to be no error in any of the rulings or charge of the court, except in those portions of the latter wherein the learned judge instructed the jury that, if they found the plaintiff’s property was damaged, it would be their duty to ascertain the extent thereof, “ and on that amount she is entitled to interest from the time the injury was occasioned down to the present time.”
While lapse…
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