Rhoads v. Quemahoning Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 210, Oct. T., 1912, by plaintiff, from judgment of C. P. Somerset Co., Sept. T., 1910, No. 12, discharging motion to treble damages in case of Alexander Rhoads v. Quemahoning Coal Company. Trespass to recover treble damages for coal mined, removed and converted by the defendant. Before Inghram, P. J., specially presiding. The opinion of the Supreme Court states the case.
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Appeal, No. 210, Oct. T., 1912, by plaintiff, from judgment of C. P. Somerset Co., Sept. T., 1910, No. 12, discharging motion to treble damages in case of Alexander Rhoads v. Quemahoning Coal Company. Trespass to recover treble damages for coal mined, removed and converted by the defendant. Before Inghram, P. J., specially presiding. The opinion of the Supreme Court states the case. The defendant submitted, among other points, the following: “(3rd) If the court is of the opinion that there can be any recovery of damages in this case for coal taken and converted, such recovery must be limited…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass brought under the Act of May 8, 1876, P. L. 142, to recover treble damages for coal mined and removed from plaintiff’s premises by the defendant company and converted to its use. It is conceded that the title to the coal was in the plaintiff at the time of the trespass, and that he is entitled to recover single damages for the amount taken by the company, but it is denied that the company is liable for punitive damages imposed by the statute. The trial court ruled with the defendant, and from the judgment entered for single damages…
2Cases cited1 opinion
- Zimmerman v. RhoadsSupreme Court of Pennsylvania · 1910
3Cited by5 opinions
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Matthews v. RushSupreme Court of Pennsylvania · 1919
- Volpe v. Atlantic Crushed Coke Co.Superior Court of Pennsylvania · 1966
- Myer v. CurrySupreme Court of Pennsylvania · 1926
- Commonwealth v. BurnsideLawrence County Court of Quarter Sessions · 1937