Cole v. Ellwood Power Co.
Supreme Court of Pennsylvania
Appeal, No. 87, Oct. T., 1906, by defendant, from judgment of C. P. Lawrence Co., Dec. T., 1901, No. 14, on verdict for plaintiff in case of Edward Cole v. Ellwood Power Company. Appeal from report of jury of view. Before Porter, P. J. At the trial it appeared that plaintiff had a parol lease, reserving royalties, of the bowlders and stone in and on a tract of land in the borough of Ellwood. He claimed that defendant had entered upon and seized the stone thereon.
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Appeal, No. 87, Oct. T., 1906, by defendant, from judgment of C. P. Lawrence Co., Dec. T., 1901, No. 14, on verdict for plaintiff in case of Edward Cole v. Ellwood Power Company. Appeal from report of jury of view. Before Porter, P. J. At the trial it appeared that plaintiff had a parol lease, reserving royalties, of the bowlders and stone in and on a tract of land in the borough of Ellwood. He claimed that defendant had entered upon and seized the stone thereon. Plaintiff’s counsel proposed to show by the plaintiff and by other witnessess to be called, the damage that was sustained by the…
1Opinion of the Court
Opinion bv
Mr. Justice Elkin,
Three questions are raised by this appeal, first, had appellee such an interest in the rocks and bowlders as to entitle him to compensation when appropriated; second, if his right to quarry was limited as to time, had notice to terminate the lease been served before the entry of appellant, and third, what was the proper measure of damages ? It is contended for appellant that the right claimed by appellee in the quarry, is an interest in land, without limit as to time and within the statute of frauds. If this principle can be successfully invoked there can be no…
2Cases cited18 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Searle v. Lackawanna & Bloomsburg RailroadSupreme Court of Pennsylvania · 1859
- Reading & Pottsville R. v. BalthaserSupreme Court of Pennsylvania · 1888
- Miller v. ZufallSupreme Court of Pennsylvania · 1886
- Ege v. KilleSupreme Court of Pennsylvania · 1877
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