Pierce v. Lehigh Valley Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 375, Jan. T., 1910, by plaintiff, from judgment of C. P. Luzerne Co., March Term, 1904, No. 179, setting aside an item of damage in a verdict for plaintiff in case of Harry W. Pierce v. Lehigh Valley Coal Company. Trespass to recover damages for injuries to land.
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Appeal, No. 375, Jan. T., 1910, by plaintiff, from judgment of C. P. Luzerne Co., March Term, 1904, No. 179, setting aside an item of damage in a verdict for plaintiff in case of Harry W. Pierce v. Lehigh Valley Coal Company. Trespass to recover damages for injuries to land. Before Ferris, J. The facts appear in Pierce v. Lehigh Valley Coal Company, Appellant, ante, p. 165. Error assigned was in setting aside allowance of $2,920 awarded as compensation for delay. — Where the delay is caused by the plaintiff only, we concede, he is not entitled to compensation for delay, but when the defendant…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
This was an action of trespass to recover damages for injuries which the plaintiff alleges he sustained by reason of the deposit of culm and other coal refuse upon his land from the defendant’s colliery. The jury under the instruction of the court returned a special verdict in which they found for the plaintiff $6,200 damages and $2,920 as compensation for delay in payment of the sum awarded as damages. The learned court set aside the part of the verdict that allowed compensation for the delay in payment, and directed judgment to be entered for the amount of…
2Cited by25 opinions
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