Dawson v. Shaw
Superior Court of Pennsylvania
Appeal, No. 115, April T., 1905, by defendant, from judgment of C. P. Forest Co., May T., 1902, No 18, on verdict for plaintiff in case of Jesse D. Dawson to use of Harmony School District v. L. R. Shaw. Assumpsit for a penalty. Before Lindsey, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $200. Defendant appealed. Errors assigned were (2, 3) in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an appeal by the defendant from judgment of the court of common pleas of Forest county imposing the penalty provided by the Act of June 10, 1881, P. L.- 110. The act reads: “ That whenever any well shall have been put down for the purpose of exploring for and producing oil, upon abandoning and ceasing to operate the same, the owner or operator shall, .for the purpose of excluding all fresh water from the oil bearing rock and before drawing the casing, fill up the well with sand or rock sediment to the depth of at least twenty feet above the third sand or oil…
2Cases cited5 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- Commonwealth v. Standard Oil Co.Supreme Court of Pennsylvania · 1882
- Boyle v. Smithman, Pennsylvania Court of Common Pleas, Butler County1892
- Lehigh Coal & Navigation Co. v. EvansSupreme Court of Pennsylvania · 1896
- Barnett v. BeckerSuperior Court of Pennsylvania · 1904
3Cited by2 opinions
- Hall v. ChaltisDistrict of Columbia Court of Appeals · 1943
- Commonwealth v. CoryellDauphin County Court of Quarter Sessions · 1936