Fairchild v. Dunbar Furnace Co.
Pennsylvania Court of Common Pleas, Fayette County
Nos. 445 January Term 1889 and 20 July Term 1889, Sup. Ct.; court below, No. 168 September Term 1881, C. P. On August 25, 1881, John W. Fairchild, W. W. Fairchild, J. A. Fairchild and others brought trespass q. c. f. against the Dunbar Furnace Company to recover damages for mining and carrying away iron ore and felling and carrying away timber from a certain tract of land belonging to the plaintiffs. Issue.
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Nos. 445 January Term 1889 and 20 July Term 1889, Sup. Ct.; court below, No. 168 September Term 1881, C. P. On August 25, 1881, John W. Fairchild, W. W. Fairchild, J. A. Fairchild and others brought trespass q. c. f. against the Dunbar Furnace Company to recover damages for mining and carrying away iron ore and felling and carrying away timber from a certain tract of land belonging to the plaintiffs. Issue. The case was tried December 13, 1886, when the plaintiffs recovered a verdict for single damages and interest, amounting to $2,320.70, which sum on motion was trebled by the court and…
1Opinion of the Court
FAIRCHILD V. DUNBAR FURNACE CO.
Opinion,
Mr. Justice Clark :
The first question arising upon this record is as to the force and effect of the written agreement, dated April 1, 1854, be*497tween John Martin and his son William J. Martin. By this agreement John Martin agreed “ to grant to said William J. Martin the right and privilege of digging all the ore on his place and lands; for which said William J. Martin doth covenant and agree to pay said John Martin $200,” etc. The learned judge of the court below was of opinion that this was a license merely, revocable at the outset, but which, upon…
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