Clouse v. Crow
Superior Court of Pennsylvania
Appeal, No. 121, April T., 1917, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1915, No. 113, on verdict for defendant in case of Fred C. Clouse v. Aaron T. Crow. Trespass to recover damages for injuries to land. Before Kino, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 121, April T., 1917, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1915, No. 113, on verdict for defendant in case of Fred C. Clouse v. Aaron T. Crow. Trespass to recover damages for injuries to land. Before Kino, P. J. The facts are stated in the opinion of the Superior Court. Plaintiff presented, inter alia, the following points: 4. “If the jury find that the defendant changed the natural water courses, thereby causing mine water to flow over the plaintiff’s land, which would not otherwise have flowed over the plaintiff’s land, the defendant would be liable for…
1Opinion of the Court
Opinion by
Kephart, J.,
Appellant was the owner of a farm of twenty-four acres. Immediately Adjoining his farm and located on a *252higher level, the appellee on his property opened a coal operation twenty-five feet from the appellant’s land. This was done by a drift driven in a westerly direction, with the dip of the coal. The water percolating through the coal accumulated in the interior of the mine. The drift or pit opening was higher than this water level and prevented its flow by gravity out of the pit mouth. A vein of fire clay lay immediately below the coal and formed a water-tight basin,…
2Cases cited7 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Strauss v. AllentownSupreme Court of Pennsylvania · 1906
- Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
- McCune v. Pittsburgh & Baltimore Coal Co.Supreme Court of Pennsylvania · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- MD Mall Assocs., LLC v. CSX Transp., Inc.District Court, E.D. Pennsylvania · 2017
- Mountain Water Supply Co. v. Sagamore Coal Co., Pennsylvania Court of Common Pleas, Fayette County1922
- Hansell v. Suburban Enterprises Co., Pennsylvania Court of Common Pleas, Alleghany County1926
- Lauff v. Pittsburgh Coal Co., Pennsylvania Court of Common Pleas, Washington County1930