Wilmore Coal Co. v. Holsopple
Superior Court of Pennsylvania
Appeal, No. 68, April T., 1917, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1916, No. 190, on verdict for plaintiff in case of Wilmore Coal Co. v. Russell Holsopple. Trespass to recover damages for the alleged wrongful cutting of timber. Before Bailey, P. J., specially presiding.
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Appeal, No. 68, April T., 1917, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1916, No. 190, on verdict for plaintiff in case of Wilmore Coal Co. v. Russell Holsopple. Trespass to recover damages for the alleged wrongful cutting of timber. Before Bailey, P. J., specially presiding. The plaintiff in its statement of claim alleged that the value of the timber cut was $125. The statement contained the following additional clause relating to damages: 3d: Wherefore the plaintiff brings this suit to recover damages for the cutting and conversion of the trees as aforesaid and upon the…
1Opinion of the Court
Opinion by
Trexler, J.,
The coal company cut down and converted to its own use certain white oak timber belonging to the defendant. The negotiations looking to the settlement of the claim for the injury done resulted in the agreement which reads as follows: “This agreement made this 22nd day of January, 1901, between the Berwind-White Coal Mining Co., of Windber, Somerset County, Pa., of the first part, and Bussell Holsopple, of Holsopple, Pa., of the second part. Witnesseth: that for and in consideration of the timber hereinafter stated, to be delivered bn the stump or as standing at present,…
2Cases cited15 opinions
- Mellon v. DavisonSupreme Court of Pennsylvania · 1889
- Miller v. ZufallSupreme Court of Pennsylvania · 1886
- Moore v. SmallSupreme Court of Pennsylvania · 1852
- Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
- Hughes v. StevensSupreme Court of Pennsylvania · 1860
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3Cited by2 opinions
- Havens v. PearsonSupreme Court of Pennsylvania · 1939
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