McGettigan v. Potts
Supreme Court of Pennsylvania
Appeal, No. 116, Jan T., 1892, by-defendant, E. Channing Potts, from judgment of C. P. Montgomery Co., June T., 1890, No. 51, on verdict for plaintiff, George McGettigan. Trespass for damages to plaintiff’s real estate by removing its lateral support. On the trial before Swartz, P. J., it appeared that the defendant, in removing the fire clay there, dug a pit entirely on his own land, and that there was a cave-in.
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Appeal, No. 116, Jan T., 1892, by-defendant, E. Channing Potts, from judgment of C. P. Montgomery Co., June T., 1890, No. 51, on verdict for plaintiff, George McGettigan. Trespass for damages to plaintiff’s real estate by removing its lateral support. On the trial before Swartz, P. J., it appeared that the defendant, in removing the fire clay there, dug a pit entirely on his own land, and that there was a cave-in. Under objection, plaintiff was asked the following questions : “ When did you observe this crack that you say reached from the place of excavation up to and under the front door of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned court below allowed a recovery of damages in this case, upon the rule that applies in cases where property is taken or injured by a corporation in the exercise of the right of eminent domain. We have very recently had occasion to consider this subject in the case of Robb v. Carnegie, 145 Pa. 324. We there held that that rule does hot apply in litigations *159between private persons where the injury complained of affects the land of the plaintiff. The rule, in cases where land is taken or injured by corporations in the exercise of their right of eminent…
2Cases cited3 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Richart v. ScottSupreme Court of Pennsylvania · 1838
3Cited by24 opinions
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Shenandoah Borough v. PhiladelphiaSupreme Court of Pennsylvania · 1951
- Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
- Helbling v. Allegheny Cemetery Co.Supreme Court of Pennsylvania · 1902
- Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
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