Rabe v. Shoenberger Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 58, Oct. T., 1905, by defendant, from judgment of C. P. Washington Co., May T., 1903, No. 54, on verdict for plaintiff in ease of William T. Rabe v. Shoenberger Coal Company. Trespass to recover damages ror injuries to land by alleged negligent mining operations. Before Taylor, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 58, Oct. T., 1905, by defendant, from judgment of C. P. Washington Co., May T., 1903, No. 54, on verdict for plaintiff in ease of William T. Rabe v. Shoenberger Coal Company. Trespass to recover damages ror injuries to land by alleged negligent mining operations. Before Taylor, J. The facts are stated in the opinion of the Supreme Court. On measure of damages the court charged as follows: [The measure of damage, gentlemen of the jury, in a case of this kind, as laid down by the Supreme Court and the one which you are to follow, is: “ For the measure of damages for failure to…
1Opinion of the Court
Opinion by
Me. Justice Pottee,
This was an action of trespass, brought to recover damages for injuries alleged to have been caused to plaintiff’s property, by the defendant company. The plaintiff was the owner of a farm in Washington county, near the town of Donora, and the defendant company owned the underlying coal. During the process of mining, and by reason of its failure to leave proper support for the surface, the defendant company injured a portion of the surface for building purposes, interfered with the use of a private road, damaged the dwelling house, and destroyed certain springs of…
2Cases cited13 opinions
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- McGettigan v. PottsSupreme Court of Pennsylvania · 1892
- Eshleman v. Martic TownshipSupreme Court of Pennsylvania · 1892
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- Duquesne Light Co. v. Woodland Hills School DistrictCommonwealth Court of Pennsylvania · 1997
- Wade v. S. J. Groves & Sons Co.Superior Court of Pennsylvania · 1981
- Pennsylvania Department of General Services v. United States Mineral Products Co.Supreme Court of Pennsylvania · 2006
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