Derry Coal & Coke Co. v. Kerbaugh
Supreme Court of Pennsylvania
Appeal, No. 207, Oct. T., 1908, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1908, No. 648, on verdict for plaintiff in case of Derry Coal & Coke Company to use of E. F. Saxman v. H. S. Kerbaugh, incorporated. Trespass to recover damages for injuries to houses. Before Van Swearingen, J., specially presiding. At the trial the court refused binding instructions for defendant. Verdict and judgment for plaintiff for $1,600. Defendant appealed.
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Appeal, No. 207, Oct. T., 1908, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1908, No. 648, on verdict for plaintiff in case of Derry Coal & Coke Company to use of E. F. Saxman v. H. S. Kerbaugh, incorporated. Trespass to recover damages for injuries to houses. Before Van Swearingen, J., specially presiding. At the trial the court refused binding instructions for defendant. Verdict and judgment for plaintiff for $1,600. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
A number of houses owned by the plaintiff were injured by the explosion of dynamite and blasting powder that had been stored in two small frame buildings, near each other and within a half mile of the plaintiff’s property. Several tons of dynamite were placed in a building fifteen feet square and seven feet high, in which there was a stove used to heat the building and to thaw dynamite that had frozen. On three sides of the stove there were racks on which the frozen dynamite was placed to thaw it for use. There was testimony tending to show that boxes of dynamite…
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