Pierce v. Lehigh Valley Coal Co.
Superior Court of Pennsylvania
Appeal, No. 44, March T., 1909, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1904, No. 179, on verdict for defendant in case of Harry W. Pierce v. The Lehigh Valley Coal Company. Trespass to recover damages for injuries to land.
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Appeal, No. 44, March T., 1909, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1904, No. 179, on verdict for defendant in case of Harry W. Pierce v. The Lehigh Valley Coal Company. Trespass to recover damages for injuries to land. Before Ferris, J. At the trial defendant presented the following póint: 1. The question whether the culm was deposited in the river by the defendant, and if any, how much of the same was washed by the flood of 1902, upon the plaintiff’s land, is for the determination of the jury, and if the jury believes under all the evidence that the defendant did…
1Opinion of the Court
Opinion by
Henderson, J.,
It is a well-established rule of law regulating mining operations that the proprietor has no right to discharge culm and other refuse of the mine into a stream or to leave it where it will be carried by ordinary floods onto the land of other persons. If he does so dispose of it he renders himself liable for any damage resulting therefrom to such owner: Lentz v. Carnegie Bros. & Co., 145 Pa. 612; Elder v. Lyken Valley Coal Co., 157 Pa. 490; Hindson v. Markle, 171 Pa. 138. Where the material is unlawfully put into the stream the fact that an extraordinary. flood was a…
2Cases cited8 opinions
- Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Elder v. Lykens Valley Coal Co.Supreme Court of Pennsylvania · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Osterling v. FrickSupreme Court of Pennsylvania · 1925
- McAllister v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1936
- Eckman v. Lehigh & Wilkes-Barre Coal Co.Superior Court of Pennsylvania · 1912
- Wilson v. McCluskeySuperior Court of Pennsylvania · 1911
- Citizens' Traction Co. v. ShafferSuperior Court of Pennsylvania · 1914
3 more not listed; retrieve them via the Exa API.