Legal Opinion

Empire Steel & Iron Co. v. Lawrence

Superior Court of Pennsylvania

Decided April 17, 1905No. Appeal, No. 198Published

Appeal, No. 198, Oct. T., 1904, by plaintiff, from judgment of C. P. Berks Co., Sept. T., 1903, No. 41, for defendant, non obstante veredicto in case of Empire Steel & Iron Company v. John L. Lawrence. Trespass for injuries to land. Before Endlich, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $650 subject to question of law reserved. The court entered judgment for defendant non obstante veredicto.

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Appeal, No. 198, Oct. T., 1904, by plaintiff, from judgment of C. P. Berks Co., Sept. T., 1903, No. 41, for defendant, non obstante veredicto in case of Empire Steel & Iron Company v. John L. Lawrence. Trespass for injuries to land. Before Endlich, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $650 subject to question of law reserved. The court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion by.

Mobbison, J.,

In this action of trespass the plaintiff averred its ownership and possession, in fee simple, of certain lands, with blast furnaces erected thereon, and in the declaration these lands are accurately described and said to contain about twelve acres. In the declaration it is further averred as follows: “ To which furnace property there is, and was, appurtenant the right to dump and store cinder upon and use for furnace purposes a certain tract of land lying and being partly in the city of Reading and partly in the township of Cumru, bounded by the railroad of the…

2Cases cited12 opinions

  1. Kieffer v. ImhoffSupreme Court of Pennsylvania · 1856
  2. Manbeck v. JonesSupreme Court of Pennsylvania · 1899
  3. Voorhees v. . BurchardNew York Court of Appeals · 1873
  4. Phillips v. PhillipsSupreme Court of Pennsylvania · 1864
  5. Zell v. Universalist SocietySupreme Court of Pennsylvania · 1888

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