Bethlehem South Gas & Water Co. v. Yoder
Supreme Court of Pennsylvania
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
- Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842
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- Irving's Executors v. Burgess of MediaSuperior Court of Pennsylvania · 1899
- Lackawanna Mills v. Scranton Gas & Water Co.Supreme Court of Pennsylvania · 1923
- (PC) Owens v. ClendeninDistrict Court, E.D. California · 2024
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