Carlin & Co. v. Chappel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny eounty: Of October Term 1882, No. 60. Case, by Henry Chappel against John Carlin and Thomas McLaughlin doing business as Carlin & Co., to recover damages for injuries to plaintiff’s house and lot by subsidence, caused by excavations made by defendants while engaged in mining the coal lying beneath the surface.
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Error to the Court of Common Pleas, No. 1, of Allegheny eounty: Of October Term 1882, No. 60. Case, by Henry Chappel against John Carlin and Thomas McLaughlin doing business as Carlin & Co., to recover damages for injuries to plaintiff’s house and lot by subsidence, caused by excavations made by defendants while engaged in mining the coal lying beneath the surface. On the trial, before Stowe, P. J., the following facts appeared: One John Brown, being the owner in fee simple of a tract of land situate in Chartiers township, Allegheny county, by deed dated in 1864 granted and conveyed to David…
1Opinion of the CourtJustice Green
This was an action brought by an owner of the surface against the defendants, miners of coal underneath, to recover damages for injuries to the plaintiff’s house by reason of the cracking and sinking of the soil occasioned by the mining operations of the defendants. Neither the testimony nor the charge of the court is printed, and the only question arising upon the record is whether the court was in error in refusing two of the defendants’ points. One of the points was as follows : “ Under the title in evidence in this case the defendants are not insurers for the surface of the soil, all the…
2Cited by22 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Williams v. HaySupreme Court of Pennsylvania · 1888
- Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Penman v. JonesSupreme Court of Pennsylvania · 1917
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