Zehner v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Appeal, No. 401, Jan. T., 1897, by plaintiffs, from order of C. P. Schuylkill Co., Jan. T., 1890, No. 143, making absolute a rule to strike off award of arbitrators. Rule to strike off agreement of submission, award of arbitrators and judgment entered upon the award. Before Koch, J. The court below made the rule absolute. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 401, Jan. T., 1897, by plaintiffs, from order of C. P. Schuylkill Co., Jan. T., 1890, No. 143, making absolute a rule to strike off award of arbitrators. Rule to strike off agreement of submission, award of arbitrators and judgment entered upon the award. Before Koch, J. The court below made the rule absolute. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) the order of the court making absolute the rule; (2) in not considering the depositions filed ex parte plaintiff, on the ground that there was no jurat. The depositions should have been…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
This action of trespass was brought by the appellants’ intestate in December, 1889. Nine days thereafter service of the writ was accepted, and nothing further was done until the following agreement was signed by counsel for the respective parties:
“ And now, August 26,1896, we, the said David Zehner and Lehigh Coal and Navigation Company, under the provisions of the act of June 16, 1836, by reason of the damage done by the deposit of coal dirt in the Little Schuylkill river by the defendant above named, thereby depriving said plaintiff (the said plaintiff…
2Cases cited6 opinions
- McKenna v. LyleSupreme Court of Pennsylvania · 1893
- Power v. PowerSupreme Court of Pennsylvania · 1838
- White's AppealSupreme Court of Pennsylvania · 1885
- McGheehen v. DuffieldSupreme Court of Pennsylvania · 1847
- Williams v. Tracey & Co.Supreme Court of Pennsylvania · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Brown v. EubankCourt of Appeals of Texas · 1969
- Jefferson Fire Ins. v. Bierce & Sage, Inc.U.S. Circuit Court for the District of Eastern Michigan · 1910
- Tomczak v. Erie Insurance ExchangeDistrict Court, W.D. Pennsylvania · 1967
- Matter of SillimanCalifornia Supreme Court · 1911
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