Bachert v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Appeal, No. 146, Jan. T., 1903, by-plaintiff, from judgment of C. P. Schuylkill Co., July T., 1898, No. 354, on verdict for plaintiff in case of Elias Bachert v. The Lehigh Coal and Navigation Company. Trespass to recover damages for injuries caused by deposit of mine refuse.
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Appeal, No. 146, Jan. T., 1903, by-plaintiff, from judgment of C. P. Schuylkill Co., July T., 1898, No. 354, on verdict for plaintiff in case of Elias Bachert v. The Lehigh Coal and Navigation Company. Trespass to recover damages for injuries caused by deposit of mine refuse. Before Marr, J. At the trial it appeared that the plaintiff owned a farm.and a mill situated on Little Schuylkill river, and that the property as a whole had been injured by the deposit of mine refuse in the river and mill dam, and on the land. There was evidence that there were other collieries besides those operated by…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was to recover damages for loss sustained by the plaintiff, a lower riparian owner, by reason of the deposit of coal dirt in his mill dam and race and on a portion of his land. The plaintiff’s property was on a bank of the Little Schuylkill river, from which his water power was derived. The defendant owned a number of collieries near the banks of Panther *367creek, which flowed into the river some distance above. It was not disputed that the plaintiff’s property had been injured by the deposit of refuse matter from collieries, and that this refuse matter…
2Cases cited2 opinions
- Stevenson v. Ebervale Coal Co.Supreme Court of Pennsylvania · 1902
- Stevenson v. Ebervale Coal Co.Supreme Court of Pennsylvania · 1902
3Cited by3 opinions
- Spear v. United RailroadsCalifornia Court of Appeal · 1911
- Vogler v. Harrisburg Railways Co.Superior Court of Pennsylvania · 1925
- Bricker v. Conemaugh Stone Co.Superior Court of Pennsylvania · 1907