Kier v. Peterson
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case brought in the court below by Lewis Peterson against Samuel M. Kier, who survived Thomas Kier. The plaintiff declared in trover for 50,000 gallons of carbon oil or petroleum, of the value of $20,000, to which the defendant pleaded not guilty.
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Error to the District Court of Allegheny county. This was an action on the case brought in the court below by Lewis Peterson against Samuel M. Kier, who survived Thomas Kier. The plaintiff declared in trover for 50,000 gallons of carbon oil or petroleum, of the value of $20,000, to which the defendant pleaded not guilty. The oil, for which the suit was brought, was the unexpected product of certain wells which had been sunk by the defendant on land leased to him by the plaintiff, for the purpose of manufacturing salt. There were no disputed facts in the case, and the amount of damages due to…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
On October 30th 1837, Lewis Peterson entered into articles of agreement with Thomas Kier and Samuel M. Kier, by which he leased to them and their assigns a certain lot or piece of ground owned by him in the county of Allegheny, and adjoining the Pennsylvania Canal, with the privilege on the said premises to bore salt-wells and erect all manner of buildings necessary or useful in the prosecution of the manufacture of salt; and to use all coal in the hill in the rear of the said premises within the boundary lines of said Peterson’s land that may…
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