Legal Opinion

Jackson v. Gunton

Superior Court of Pennsylvania

Decided October 17, 1904No. Appeal, No. 16PublishedCited by 8 opinions

Appeal, No. 16, Feb. T., 1904, by defendant, from judgment of C. P. Sullivan Co., Sept. T., 1901, No. 51, on verdict for plaintiff in case of W. W. Jackson and Blanch W. Sturdevant, Trustees, for the Devisees of George D. Jackson, Administrator d. b. n. c. t. a. of George D. Jackson, Deceased, v. Walter B. Gunton. Trespass to recover damages for the unlawful mining of coal on the plaintiff’s land. Verdict and judgment for plaintiff for $1,404. Defendant appealed.

Read the full summary

Appeal, No. 16, Feb. T., 1904, by defendant, from judgment of C. P. Sullivan Co., Sept. T., 1901, No. 51, on verdict for plaintiff in case of W. W. Jackson and Blanch W. Sturdevant, Trustees, for the Devisees of George D. Jackson, Administrator d. b. n. c. t. a. of George D. Jackson, Deceased, v. Walter B. Gunton. Trespass to recover damages for the unlawful mining of coal on the plaintiff’s land. Verdict and judgment for plaintiff for $1,404. Defendant appealed. Errors assigned sufficiently appear by the opinion of the Superior Court. The amendment was improperly allowed: Bank v. Israel, 6…

1Opinion of the Court

Opinion by

Rice, P. J.,

In their first .statement the plaintiffs declared that the defendant broke and entered their close, “ that is to say, a certain coal mine or vein of coal,” described by metes and bounds, and mined and removed therefrom 3,500 tons of coal of the value of $1,750, and converted the same to his use, without the consent of the owners, the defendant then1 and there well knowing that the close and the coal therein were not his property, but that the coal was the exclusive property of the plaintiffs. The statement concluded as follows : “ And other wrongs to the said plaintiffs…

2Cases cited38 opinions

  1. Fulkerson v. HolmesSupreme Court of the United States · 1886
  2. Hoffman v. CosterSupreme Court of Pennsylvania · 1837
  3. Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
  4. Mencke v. RosenbergSupreme Court of Pennsylvania · 1902
  5. Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889

33 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
  2. Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
  3. Robinson v. PierceSupreme Court of Pennsylvania · 1924
  4. Taylor v. Canton TownshipSuperior Court of Pennsylvania · 1906
  5. Geiger v. MaddenSuperior Court of Pennsylvania · 1915

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API