Legal Opinion

Pierce v. Lehigh Valley Coal Co.

Supreme Court of Pennsylvania

Decided May 23, 1911No. 1; Appeal, No. 1PublishedCited by 7 opinions

Appeal, No. 1, Jan. T., 1911, by defendant,, from judgment of C. P. Luzerne Co., March Term, 1904, No. 179, on verdict for plaintiff in case of Harry W. Pierce v. Lehigh Valley Coal Company. Trespass to recover damages for injuries to land. Before Ferris, J. The facts appear in the opinion of the Supreme Court and in the report of Pierce, Appellant, v. Lehigh Valley Coal Company, 40 Pa.

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Appeal, No. 1, Jan. T., 1911, by defendant,, from judgment of C. P. Luzerne Co., March Term, 1904, No. 179, on verdict for plaintiff in case of Harry W. Pierce v. Lehigh Valley Coal Company. Trespass to recover damages for injuries to land. Before Ferris, J. The facts appear in the opinion of the Supreme Court and in the report of Pierce, Appellant, v. Lehigh Valley Coal Company, 40 Pa. Superior Ct. 566. The defendant submitted the following point: 1. If the jury believe that any other culm than that which came from the defendant’s operations got upon the plaintiff’s land in the flood of…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The defendant alleges the court erred in refusing to instruct the jury that there was no evidence from which they could apportion the defendant’s culm to the whole amount deposited on the plaintiff’s land, and, therefore, the verdict should be for nominal damages. There is no assignment alleging error of law in the trial of the case. After the first trial in the common pleas which resulted in a verdict for nominal damages under the instructions of the court, the defendant appealed to the Superior Court where *168it was held that the plaintiff was entitled to…

2Cited by7 opinions

  1. Osterling v. FrickSupreme Court of Pennsylvania · 1925
  2. Getz v. FreedSupreme Court of Pennsylvania · 1954
  3. McAllister v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1936
  4. Eckman v. Lehigh & Wilkes-Barre Coal Co.Superior Court of Pennsylvania · 1912
  5. Maier v. Publicker Commercial Alcohol Co.District Court, E.D. Pennsylvania · 1945

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