Hoffman v. Mill Creek Coal Co.
Superior Court of Pennsylvania
Appeal, No. 203, Oct. T., 1899, by-defendant, from judgment of C. P. Schuylkill Co., March T., 1893, No. 171, on verdict for plaintiff in ease of William Hoffman v. The Mill Creek Coal Company. Trespass for injuries to land caused by deposits of coal dirt. Before Lyons, P. J., specially presiding.
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Appeal, No. 203, Oct. T., 1899, by-defendant, from judgment of C. P. Schuylkill Co., March T., 1893, No. 171, on verdict for plaintiff in ease of William Hoffman v. The Mill Creek Coal Company. Trespass for injuries to land caused by deposits of coal dirt. Before Lyons, P. J., specially presiding. At the trial under objection and exception, the court permitted various witnesses to testify as to the difference between the market value of the property as unaffected and as affected by coal dirt deposited in a creek adjoining the property. [7-12] The court charged in part as follows: [So that…
1Opinion of the Court
Opinion by
Rice, P. J.,
On or near the banks of Mill creek are several collieries and washeries, and amongst them one operated by the defendant company. On the trial of this case evidence was given which tended to show, that in conducting- its business the defendant deposited culm and coal dirt upon its premises in such a way that naturally, and as was to be expected, it was carried into the stream and thence down the same, until it, in connection with similar deposits brought from other collieries, raised the bed of the stream at or near the plaintiff’s premises from two to four feet,…
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