Huff v. McCauley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county. This was an action of trespass by Samuel McCauley against George Huff and others, for breaking and entering his close, &c., and digging and taking away 50,000 bushels of coal of the value of $1000. It was not disputed that coal was digged and taken by the defendants from land of which the plaintiff was the owner.
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Error to the Court of Common Pleas of Westmoreland county. This was an action of trespass by Samuel McCauley against George Huff and others, for breaking and entering his close, &c., and digging and taking away 50,000 bushels of coal of the value of $1000. It was not disputed that coal was digged and taken by the defendants from land of which the plaintiff was the owner. Adjoining the land of the plaintiff, Huff, the defendant, owned a tract of land on which he had salt-works. The coal was taken from the plaintiff’s land through a drift on Huff’s land. The defence was, that there was a parol…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
In the court below the defendants relied for their defence upon an arrangement alleged by them to have been made between the plaintiff McCauley and George Huff, by which the latter was authorized to take as much coal from McCauley’s land as he wanted for the use of his salt-works, and to take it as long as he wished, in consideration of his agreement that McCauley might use his drift and scaffold to take out coal for himself. Under the instructions given to the jury, they must have found either that no such arrangement had been made, or,…
2Cases cited1 opinion
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by38 opinions
- Beckett-Iseman Oil Co. v. BackerCourt of Appeals of Kentucky · 1915
- Western Union Telegraph Co. v. Pennsylvania Co.Court of Appeals for the Third Circuit · 1904
- Morning Call, Inc. v. Bell Atlantic-Pennsylvania, Inc.Superior Court of Pennsylvania · 2000
- Trimble v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Havens v. PearsonSupreme Court of Pennsylvania · 1939
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