Alwine v. Valley Smokeless Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 153, Oct. T., 1921, by defendant, from judgment of C. P. Cambria Co., March T., 1917, No. 472, on verdict for plaintiff, in case of Andrew Alwine v. Valley Smokeless Coal Co. Trespass for destruction of spring. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $9,833. Defendant appealed. Errors assigned were various rulings sufficiently appearing by the opinion of the Supreme Court, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Wauling,
This is an action by the surface owner for damages caused by the removal of underlying coal. Plaintiff owned a farm of forty-seven acres in Cambria County, in which defendant owned the C-Prime seam of coal, without the right to let down the surface. The farm was used largely for truck gardening and plaintiff also had greenhouses thereon. Its value was largely enhanced by springs which came out along a ravine, forming a small creek and furnishing a convenient supply of water for irrigation and domestic use. What we will call the north spring was at the north line…
2Cases cited2 opinions
- Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907
- Marchand v. MarshSupreme Court of Pennsylvania · 1924
3Cited by6 opinions
- Bumbarger v. WalkerSuperior Court of Pennsylvania · 1960
- Hornick v. Bethlehem Mines Corp.Supreme Court of Pennsylvania · 1932
- Bumbarger v. WalkerSupreme Court of Pennsylvania · 1958
- Richard v. KaufmanDistrict Court, E.D. Pennsylvania · 1942
- Gabrielson v. Central Service Co.Supreme Court of Iowa · 1942
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