Winchester v. Bennett
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county. This was an action of trespass, commenced August 18th I860’, by S. S. Winchester against Charles Bennett and A. J. Davis, for taking and carrying away a quantity of coal claimed by.the plaintiff. ’ . In 1851 Thomas Fender and others, partners as Patten & Fender, were owners of a coal-mine in Luzerne county: in 1857 Fender had become surviving partner. Bennett and Davis, the defendants, were owners of contiguous mines.
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Error to the Court of Common Pleas of Luzerne county. This was an action of trespass, commenced August 18th I860’, by S. S. Winchester against Charles Bennett and A. J. Davis, for taking and carrying away a quantity of coal claimed by.the plaintiff. ’ . In 1851 Thomas Fender and others, partners as Patten & Fender, were owners of a coal-mine in Luzerne county: in 1857 Fender had become surviving partner. Bennett and Davis, the defendants, were owners of contiguous mines. There was a lateral railroad from these mines to the Susquehanna river, upon which Patten & Fender and Bennett & Davis had…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
There is real difficulty in this casé arising from *513the fact that the record does not show precisely what legal question was reserved. In seeking for it the only guide we have is the opinion of the court given when judgment was entered for the defendants non obstante veredicto, and all that we find there is a statement of the facts in evidence, not as found by the jury, and not as agreed to by the parties, but as the judge thought they substantially were. After thus reciting the case as he understood it, he added “ the plaintiff contended…
2Cited by4 opinions
- Yerkes v. RichardsSupreme Court of Pennsylvania · 1895
- Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
- Koons v. McNameeSuperior Court of Pennsylvania · 1898
- Ginther v. Borough of YorkvilleSuperior Court of Pennsylvania · 1897