Atherton v. Clearview Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 248, Jan. T., 1920, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1918, No. 177, for defendant, on affidavit of defense raising question of law only, in case of Phoebe Atherton v. Clearview Coal Co. Trespass for injuries to property alleged to have resulted from the negligent mining of coal. Before Edwards, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 248, Jan. T., 1920, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1918, No. 177, for defendant, on affidavit of defense raising question of law only, in case of Phoebe Atherton v. Clearview Coal Co. Trespass for injuries to property alleged to have resulted from the negligent mining of coal. Before Edwards, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for defendant on affidavit of defense raising question of law only. Plaintiff appealed. Error assigned was judgment of court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was an action to recover for negligence in the mining of coal, the property of the defendant company, underlying the surface of a lot of ground situate in the City of Scranton, the property of the plaintiff. To the statement of the cause of action filed by the plaintiff an affidavit of defense was filed which in legal effect was a demurrer to the statement. Upon hearing the court sustained the demurrer, entering no judgment however, but giving the plaintiff the right, within thirty days thereafter to file a new or amended statement. Within the required time…
2Cases cited1 opinion
- Kay v. FredrigalSupreme Court of Pennsylvania · 1846
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