Legal Opinion

Stokes v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 19, 1906No. Appeal, No. 145PublishedCited by 20 opinions

Appeal, No. 145, Jan. T., 1905, by plaintiff, from order of O. P. No. 3, Phila. Co., June T., 1901, No. 3,608, refusing to take off nonsuit in case of Samuel Stokes v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to land.

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Appeal, No. 145, Jan. T., 1905, by plaintiff, from order of O. P. No. 3, Phila. Co., June T., 1901, No. 3,608, refusing to take off nonsuit in case of Samuel Stokes v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to land. Before Finletter, J. The plaintiff’s statement of claim was as follows : This is an action of trespass for the maintenance of á nuis-' anee and damages for the injury resulting therefrom, brought by Samuel Stokes, plaintiff, against the Pennsylvania Railroad Company, defendant. The plaintiff, on March 1, 1885, became the lessee .of sixty acres of…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The action here was trespass, and the complaint as set out in the statement was, that the defendant and its servants had negligently permitted vitriol, acids and other deleterious matter to flow from the tower house upon the line of defendant’s roadway, used for operating automatic signals, and from certain holders and wells along said roadway, over and upon the adjacent land of the plaintiff, thereby poisoning the herbage growing thereon, and causing the death of certain of plaintiff’s horses and cattle, and greatly damaging said land for agricultural purposes.…

2Cases cited2 opinions

  1. Hauck v. Tidewater Pipe Line Co.Supreme Court of Pennsylvania · 1893
  2. Pottstown Gas Co. v. MurphySupreme Court of Pennsylvania · 1861

3Cited by20 opinions

  1. Bowman v. HumphreySupreme Court of Iowa · 1906
  2. Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
  3. Waschak v. MoffatSupreme Court of Pennsylvania · 1954
  4. Holloway v. Bristol-Myers CorporationDistrict Court, District of Columbia · 1971
  5. Vautier v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1911

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