Legal Opinion

Wissinger v. Valley Smokeless Coal Co.

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeal, No. 143PublishedCited by 14 opinions

Appeal, No. 143, Oct. T., 1921, by defendant, from judgment of C. P. Cambria Co., Sept. T., 1918, No. 189, on verdict for plaintiff, in case of Wissinger v. Valley Smokeless Coal Company Trespass for damages to land. Tbe opinion of tbe Supreme Court states tbe facts. Verdict and judgment for plaintiff for $8,000. Defendant appealed. Errors assigned were various rulings on evidence sufficiently appearing by tbe opinion of tbe Supreme Court, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover damages for injury to real estate in Stonycreek Township, Cambria County, resulting from failure of defendant, who owned and removed the underlying coal, to leave sufficient surface support. The trial resulted in a verdict and judgment for plaintiff and defendant appealed. The questions raised by the assignments of error relate to the qualification of witnesses and to alleged errors in exclusion of testimony.

The first four assignments allege error in admitting testimony of four of plaintiff’s witnesses and aver these witnesses failed to…

2Cases cited5 opinions

  1. Gillman v. Media, Middletown, Aston & Chester Electric Railway Co.Supreme Court of Pennsylvania · 1909
  2. Pennsylvania Co. for Insurances on Lives v. PhiladelphiaSupreme Court of Pennsylvania · 1920
  3. White v. Western Allegheny RailroadSupreme Court of Pennsylvania · 1909
  4. McDyer v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1910
  5. Llewellyn v. Sunnyside Coal Co.Supreme Court of Pennsylvania · 1917

3Cited by14 opinions

  1. Commonwealth v. MarshallSupreme Court of Pennsylvania · 1926
  2. Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
  3. Kozak v. StruthSupreme Court of Pennsylvania · 1987
  4. McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
  5. Appeal of Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSupreme Court of Pennsylvania · 1924

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