Bricker v. Conemaugh Stone Co.
Superior Court of Pennsylvania
Appeal, No. 71, April T., 1906, by defendant, from judgment of C. P. Armstrong Co., June T., 1904, No. 167, on verdict for plaintiff in case of H. A. Bricker, T. M. Bricker and D. J. Beckett, trading as Bricker & Beckett Bros., v. Conemaugh Stone Company. Trespass to recover damages for injuries to a milldam. Before Patton, P. J. The court charged in part as follows: [I will explain the law of the case to you and will endeavor to make it as clear as I can.
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Appeal, No. 71, April T., 1906, by defendant, from judgment of C. P. Armstrong Co., June T., 1904, No. 167, on verdict for plaintiff in case of H. A. Bricker, T. M. Bricker and D. J. Beckett, trading as Bricker & Beckett Bros., v. Conemaugh Stone Company. Trespass to recover damages for injuries to a milldam. Before Patton, P. J. The court charged in part as follows: [I will explain the law of the case to you and will endeavor to make it as clear as I can. The law is, that the Conemaugh Stone Company has a right to wash its sand on its own premises. But the law requires it to keep its refuse…
1Opinion of the Court
Opinion by
Beaver, J.,
The voluminous record which we have here, in the analysis of the numerous assignments of error made by the appellant, presents but two questions.
The first is one of fact the appellant arguing, however, that there was not sufficient evidence upon which the jury could find the essential fact which underlies, its verdict. This fact, succinctly stated, was, did the residuum of the defendant’s quarrying and stone crushing operations, cast into the stream upon which its works were situated, constitute or contribute to the sediment which settled in the mill dam of the plaintiffs…
2Cases cited11 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Stevenson v. Ebervale Coal Co.Supreme Court of Pennsylvania · 1902
- Elder v. Lykens Valley Coal Co.Supreme Court of Pennsylvania · 1893
- Duffield v. Rosenzweig, Pennsylvania Court of Common Pleas, Warren County1891
- Hoffman v. Mill Creek Coal Co.Superior Court of Pennsylvania · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Zehner v. SheppSuperior Court of Pennsylvania · 1913