Offerman v. Starr
Supreme Court of Pennsylvania
April 27. — This ivas an action on the case against Offerman, Biddle and Patterson, for negligently working their mine, and thus injuring the house of plaintiff. The title-deeds were not in the bill of exceptions, but the declaration averred a possession of a coal mine in the land on which plaintiff’s house stands. The only question raised in the case was, whether defendants were liable for the injury.
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April 27. — This ivas an action on the case against Offerman, Biddle and Patterson, for negligently working their mine, and thus injuring the house of plaintiff. The title-deeds were not in the bill of exceptions, but the declaration averred a possession of a coal mine in the land on which plaintiff’s house stands. The only question raised in the case was, whether defendants were liable for the injury. In 1837, before the damage was done, the defendants demised to one Lewis, for a term of fourteen years, the right to mine and take coal within certain limits particularly described; in…
1Opinion of the CourtGibson, C. J.
— The principal question was fully discussed and well decided in Earle v. Hall, 2 Metcalf, R. 353, and nothing is contested here except its application to the matter in hand. It is conceded that if the defendant’s agreement with Hill is a lease, the maxim of respondeat superior is inapplicable to it; but it is contended that the thing granted is not the mine, but a license to work it. The words are : “ The said party, of the first part, for and in consideration of the rents and covenants hereinafter mentioned, to be paid and performed on the part of the said party of the second part, hath…
2Cited by11 opinions
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- Ottman, Trustees v. Albert Co.Supreme Court of Pennsylvania · 1937
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