Zehner v. Shepp
Superior Court of Pennsylvania
Appeal, No. 236, Oct. T., 1912, by plaintiff, from judgment of C. P. Schuylkill Co., Sept. T., 1907, No. 141, on verdict for plaintiff in case of Jacob Zehner v. E. M. B. Shepp, C. S. Shindel and James Tonley, trading as Shepp & Co. Trespass to recover damages for injuries to water power. Before Brumm, J. The court gave binding instructions to find for the plaintiff for six cents damages. Verdict and judgment for plaintiff for six cents.
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Appeal, No. 236, Oct. T., 1912, by plaintiff, from judgment of C. P. Schuylkill Co., Sept. T., 1907, No. 141, on verdict for plaintiff in case of Jacob Zehner v. E. M. B. Shepp, C. S. Shindel and James Tonley, trading as Shepp & Co. Trespass to recover damages for injuries to water power. Before Brumm, J. The court gave binding instructions to find for the plaintiff for six cents damages. Verdict and judgment for plaintiff for six cents. Plaintiff appealed. . Error assigned were (1-18) various instructions and rulings on evidence.
1Opinion of the Court
Opinion by
Orlady, J.,
This action of trespass was brought to recover damages for injuries done by the defendants to the plaintiff’s water power and land, by reason of their depositing culm, muck and coal dirt in an upper part of a stream which flowed through the plaintiff’s property, and which accumulated in such quantities in the plaintiff’s dam and mill race as to seriously interfere with the natural flow of water, and diminish the power formerly had at the mill. The plaintiff acquired title in 1892 to a tract of thirty-two acres of land on which were erected a grist and sawmill. In 1905,…
2Cases cited1 opinion
- Bricker v. Conemaugh Stone Co.Superior Court of Pennsylvania · 1907
3Cited by1 opinion
- Sorg v. FrederickSupreme Court of Pennsylvania · 1917