Lehigh Coal Co. v. Wilkes-Barre & Eastern Railroad
Supreme Court of Pennsylvania
Appeal, No. 430, Jan. T., 1897, by plaintiff, from judgment of C. P. Luzerne Co., Jan. T., 1893,' No. 50, on trial by court without a jury. Appeal from report of viewers. Tlie ease was tried by the court without a jury before Bennett, J., under the Act of April 22, 1874, P. L. 109. At the trial it appeared that the defendant took for railroad purposes portions of two culm banks.
Read the full summary
Appeal, No. 430, Jan. T., 1897, by plaintiff, from judgment of C. P. Luzerne Co., Jan. T., 1893,' No. 50, on trial by court without a jury. Appeal from report of viewers. Tlie ease was tried by the court without a jury before Bennett, J., under the Act of April 22, 1874, P. L. 109. At the trial it appeared that the defendant took for railroad purposes portions of two culm banks. When W. A. Lathrop, a witness for plaintiff, was on the stand he was asked on direct examination: “ Q. Suppose that fill had been borrowed from some place in the vicinity there close by, how much would it have been…
1Opinion of the Court
Opinion by
Ms. Justice Mitchell,
The only substantia] controversy is upon the manner in which the damages to plaintiff by the occupation of its culm bank shall be measured. The culm was personal property. It had been mined from its original place and, though it rested upon the land, it was as completely severed as a kiln of bricks in a brick yard, or a pile of pig iron in a foundry. The plaintiff was entitled to compensation for its value, and the open question is how that value shall be ascertained.
The learned judge below stated the rights of plaintiff very clearly and accurately in the…
2Cases cited3 opinions
- Becker v. Philadelphia & Reading Terminal RailroadSupreme Court of Pennsylvania · 1896
- Ege v. KilleSupreme Court of Pennsylvania · 1877
- Fulmer v. Williams, Pennsylvania Court of Common Pleas, Lehigh County1889
3Cited by14 opinions
- Sgarlat Estate v. CommonwealthSupreme Court of Pennsylvania · 1960
- Williams v. BridySupreme Court of Pennsylvania · 1957
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917
- McIntosh v. RoppSupreme Court of Pennsylvania · 1912
9 more not listed; retrieve them via the Exa API.