Legal Opinion

Bethlehem South Gas & Water Co. v. Yoder

Supreme Court of Pennsylvania

Decided March 29, 1886PublishedCited by 11 opinions

Error to the Court of Common. Pleas of LeMgTi county: Of January Term, 1886, No. 203. . This was an action-of. trespass-under the Timber Act of 1824. The. first count of,tbe declaration was. for cutting down, timber trees; the'second for cutting and converting tire same, and the other, counts were for trespass ;at common law.', The defendants pléaded .the-.general -issue! and .before- the trial they filed a special plea setting forth that, “ The Bethlehem South Gas & Water…

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Error to the Court of Common. Pleas of LeMgTi county: Of January Term, 1886, No. 203. . This was an action-of. trespass-under the Timber Act of 1824. The. first count of,tbe declaration was. for cutting down, timber trees; the'second for cutting and converting tire same, and the other, counts were for trespass ;at common law.', The defendants pléaded .the-.general -issue! and .before- the trial they filed a special plea setting forth that, “ The Bethlehem South Gas & Water Company:” was ..corporation; .duly 'incorporated by.Act of General Assembly of,.18th,April, -18,64, b;y and, under which…

1Opinion of the CourtJustice Paxson

It is not denied that the defendants below were trespassers in entering upon plaintiff’s land without making compensation or tendering a bond under the Act of Assembly. The entry was unlawful, and the owners may recover damages therefor in an action of trespass: The Borough of Harrisburg v. Crangle, 3 W. & S., 460. The subsequent giving of security in the mode authorized by statute will not deprive the injured party of his appropriate remedy for trespass: Pa. R. R. Co. v. Eby, 107 Pa. St. Rep., 166. And the plaintiff is entitled to recover for whatever damages he has suffered down to the time…

2Cases cited1 opinion

  1. Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842

3Cited by11 opinions

  1. Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
  2. Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
  3. Irving's Executors v. Burgess of MediaSuperior Court of Pennsylvania · 1899
  4. Lackawanna Mills v. Scranton Gas & Water Co.Supreme Court of Pennsylvania · 1923
  5. (PC) Owens v. ClendeninDistrict Court, E.D. California · 2024

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