Elder v. Lykens Valley Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 9, May T., 1898, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1891, No. 115, on verdict for plaintiff, David D. Elder. Trespass for injuries to land. Before Simonton, P. J. At the trial, plaintiff claimed that defendant negligently deposited large piles of culm and refuse on tlie banks of Bear creek whicli empties into Wiconisco creek, and that the rains and elements swept large quantities of the culm down tbe two creeks and on to plaintiff’s lands.
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Appeal, No. 9, May T., 1898, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1891, No. 115, on verdict for plaintiff, David D. Elder. Trespass for injuries to land. Before Simonton, P. J. At the trial, plaintiff claimed that defendant negligently deposited large piles of culm and refuse on tlie banks of Bear creek whicli empties into Wiconisco creek, and that the rains and elements swept large quantities of the culm down tbe two creeks and on to plaintiff’s lands. Defendant offered to prove generally by expert witnesses that there was no negligence in putting tbe coal dirt where it…
1Opinion of the Court
Opinion by
Mb. J us pice Williams,
The legal questions involved in this case are well settled. The trouble is with the questions of fact. There is no doubt that the owner of coal lands may mine and remove his coal in a proper manner. If the drainage from the mines falls into *497and pollutes a stream of water and injuriously affects lower riparian owners, this fact alone will not impose liability on the owner of the coal. Sanderson v. Coal Co., 113 Pa. 126. He may deposit the culm and refuse from his mines on his own land where they will be safe from encroachment by ordinary floods. If an…
2Cases cited2 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
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- CARLSON v. A. & P. Corrugated Box Corp.Supreme Court of Pennsylvania · 1950
- Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Delaware, L. & W. R. v. AshleyCourt of Appeals for the Third Circuit · 1895
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