Tuckachinsky v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 128, Jan. T., 1901, by-plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1897, No. 1187, on verdict for defendant in case of Mary Tuckaehinsky by her father and next friend David Tuckachinsky, v. The Lehigh and Wilkes-Barre Coal Company. Trespass for personal injuries. Before Ferris, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 128, Jan. T., 1901, by-plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1897, No. 1187, on verdict for defendant in case of Mary Tuckaehinsky by her father and next friend David Tuckachinsky, v. The Lehigh and Wilkes-Barre Coal Company. Trespass for personal injuries. Before Ferris, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned -was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Me. Justice Pottee,
It is contended in this case, upon the part of the appellant, that it was for the jury to say, whether or not the powder house of the defendant company was a private nuisance, and if they so found, that then the defendant was liable for damages caused by the explosion, regardless of the question of negligence. When originally located, the magazine was not in the vicinity of a residence district; but with the growth of the community, the population has settled near the shaft and near the magazine, in apparent disregard of any danger from explosion.
At the time of…
2Cited by15 opinions
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- McGhee v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
- Merriam v. McConnellAppellate Court of Illinois · 1961
- Kleebauer v. Western Fuse & Explosives Co.California Supreme Court · 1903
- Henderson v. SullivanCourt of Appeals for the Sixth Circuit · 1908
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