Legal Opinion

Funk v. Kerbaugh

Supreme Court of Pennsylvania

Decided June 2, 1908No. Appeal, No. 213PublishedCited by 17 opinions

Appeal, No. 213, Jan. T., 1907, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1905, No. 92, on verdict for plaintiff in case of Isaac S. Funk v. H. S. Kerbaugh, Incorporated. Trespass to recover' damages for injuries to property, real and personal. Before Hassler, J. The opinion of the Supreme Court states the case.

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Appeal, No. 213, Jan. T., 1907, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1905, No. 92, on verdict for plaintiff in case of Isaac S. Funk v. H. S. Kerbaugh, Incorporated. Trespass to recover' damages for injuries to property, real and personal. Before Hassler, J. The opinion of the Supreme Court states the case. The verdict was as follows : And now, to wit: December 6, 1906, we, the jurors empaneled in the above case, find in favor of Isaac S. Funk, and against II. S. Kerbaugh, Incorporated. Damages as follows: To house......................$2,000.00 To…

1Opinion of the Court

Per Curiam,

The main question presented by this appeal is whether a recovery of punitive damages should have been allowed. The action was to recover for injuries to the plaintiff’s property caused by the negligent and-recldess' acts of the defendant in blasting rocks in constructing a line of railroad. At a place 1,100 feet from the plaintiff’s building an'excavation was made 2,200 feet long and, at places, eighty feet deep through solid rock of great hardness. In blasting this rock holes were drilled to an average depth of thirty feet and charges of 4,000 pounds of dynamite were set off…

2Cases cited1 opinion

  1. Philad. Traction Co. v. OrbannSupreme Court of Pennsylvania · 1888

3Cited by17 opinions

  1. Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
  2. Campbell v. Government Employees Insurance Co.Supreme Court of Florida · 1974
  3. John W. Skeels v. Universal C. I. T. Credit Corporation v. Estelle A. Skeels, Third-PartyCourt of Appeals for the Third Circuit · 1964
  4. Thompson v. SwankSupreme Court of Pennsylvania · 1934
  5. Dean Witter Reynolds, Inc. v. GenteelSupreme Court of Pennsylvania · 1985

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