Eckman v. Lehigh & Wilkes-Barre Coal Co.
Superior Court of Pennsylvania
Appeal, No. 18, March T., 1912, by defendant, from judgment of C. P. Montour Co., Jan. T., 1908, No. 38, on verdict for plaintiff in case of Sophie G. Eckman v. Lehigh & Wilkes-Barre Coal Company. Trespass to recover damages for injuries to land.
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Appeal, No. 18, March T., 1912, by defendant, from judgment of C. P. Montour Co., Jan. T., 1908, No. 38, on verdict for plaintiff in case of Sophie G. Eckman v. Lehigh & Wilkes-Barre Coal Company. Trespass to recover damages for injuries to land. Before Evans, P. J. The opinion of the Superior Court states the facts. . Verdict and judgment for plaintiff for $1,417.11. Errors assigned were (1) refusal of binding instructions for defendant; (2) refusal of defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff’s land is situated on the south side of the Susquehanna river, about three miles below the mouth of Catawissa creek, which flows into it. By her amended statement she claimed that her land was permanently *430injured and depreciated in market value by the deposit thereon of culm. The allegation that culm was brought on her land by the floods of 1901, 1902 and 1904, was supported by abundant testimony and is not really in dispute. But one of the questions suggested in the appellant’s statement of the questions involved is, whether she could recover, as for a…
2Cases cited5 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Pierce v. Lehigh Valley Coal Co.Superior Court of Pennsylvania · 1909
- Pierce v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
3Cited by13 opinions
- Commonwealth v. Musser Forests, Inc.Supreme Court of Pennsylvania · 1958
- Osterling v. FrickSupreme Court of Pennsylvania · 1925
- Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
- Getz v. FreedSupreme Court of Pennsylvania · 1954
- John B. Kelly, Inc. v. Lehigh Nav. Coal Co.Court of Appeals for the Third Circuit · 1945
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