Harvey v. Susquehanna Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 65, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1896, No. 106, on verdict for plaintiff in case of W. J. Harvey and H. H. Harvey v. The Susquehanna Coal Company. Trespass for injuries to real estate caused by the alleged negligent escape of coal dust from a breaker. Before Halsey, J. At the trial it appeared that the defendant was a coal company, and that one of its breakers was located in the outskirts of the borough of Nanticoke.
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Appeal, No. 65, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1896, No. 106, on verdict for plaintiff in case of W. J. Harvey and H. H. Harvey v. The Susquehanna Coal Company. Trespass for injuries to real estate caused by the alleged negligent escape of coal dust from a breaker. Before Halsey, J. At the trial it appeared that the defendant was a coal company, and that one of its breakers was located in the outskirts of the borough of Nanticoke. Plaintiffs owned a number of tenement houses in the immediate vicinity of the breaker, and they claimed that these houses…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The contention of the appellant is that the injury of which the appellees complain is damnum absque injuria, and Pennsylvania Coal Company v. Sanderson, 113 Pa. 126, and Pennsylvania Railroad Company v. Lippincott, 116 Pa. 472, are relied upon for its immunity from liability. In the former case the injury to the plaintiff resulted from the defendants’ natural and lawful use of the land itself. They imposed nothing upon the plaintiff that she was not bound to bear as a servient owner, and the following words of the late Justice Clark sufficiently distinguish it from…
2Cases cited5 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Eshleman v. Martic TownshipSupreme Court of Pennsylvania · 1892
- Hindson v. MarkleSupreme Court of Pennsylvania · 1895
3Cited by13 opinions
- Brede v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1919
- Harless v. WorkmanWest Virginia Supreme Court · 1960
- Vautier v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1911
- James McNeil & Brother Co. v. Crucible Steel Co. of AmericaSupreme Court of Pennsylvania · 1904
- Lynch v. TroxellSupreme Court of Pennsylvania · 1903
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