Stauffer v. Miller Soap Co.
Supreme Court of Pennsylvania
Appeal, No. 37, July T., 1892, by defendant, from judgment of C. P. Lancaster Co., Dec. T., 1889, No. 30, on verdict for plaintiff, Abraham C. Stauffer. Trespass to recover damages for destruction of unharvested crop of ice. At the trial it appeared that the defendant was engaged in the manufacture of soap near a small stream, which, about three quarters of a mile further down its course,'flowed into a pond constructed by the plaintiff for the purpose of making ice.
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Appeal, No. 37, July T., 1892, by defendant, from judgment of C. P. Lancaster Co., Dec. T., 1889, No. 30, on verdict for plaintiff, Abraham C. Stauffer. Trespass to recover damages for destruction of unharvested crop of ice. At the trial it appeared that the defendant was engaged in the manufacture of soap near a small stream, which, about three quarters of a mile further down its course,'flowed into a pond constructed by the plaintiff for the purpose of making ice. In February, 1889, some large vats in which were deposited the spent lye from the soap works broke, and the lye was washed down…
1Opinion of the Court
Opinion by
Mb. Justice Heydeick,
As the plaintiff presented his cause in the evidence it was substantially a claim for the destruction of an unharvested crop of ice. There being no circumstances of aggravation, compensation was the measure of damages to which he was entitled. And if all analogies are to be regarded'the value of the ice upon the pond at the time of its destruction was a proper subject of inquiry. , In actions for cutting timber whatever the range of the evidence may be it must all tend to show the value of the standing trees or stumpage as it is called, at the time and place of…
2Cases cited5 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Ege v. KilleSupreme Court of Pennsylvania · 1877
- Herdic v. YoungSupreme Court of Pennsylvania · 1867
- Forsyth v. WellsSupreme Court of Pennsylvania · 1862
- Coxe v. EnglandSupreme Court of Pennsylvania · 1870
3Cited by4 opinions
- Murdoch v. BierySupreme Court of Pennsylvania · 1921
- Guinn v. VitteSuperior Court of Pennsylvania · 1916
- Chesney v. Lehigh Valley Coal Co., Pennsylvania Court of Common Pleas, Northampton County1928
- Klenzing v. AlldaySuperior Court of Pennsylvania · 1916