Gallagher v. Kemmerer
Pennsylvania Court of Common Pleas, Luzerne County
No. 43 July Term 1890, Sup. Ct.; court below, No. 151 December Term 1887, C. P. On October 19, 1887, Bernard Gallagher brought trespass against M. S. Kemmerer and John Leisenring, Jr., doing business as M. S.-Kemmerer & Co., to recover damages for injuries to the plaintiff’s land, by washings cast upon it from anthracite-coal mines operated by the defendants upon their own land above. Issue.
Read the full summary
No. 43 July Term 1890, Sup. Ct.; court below, No. 151 December Term 1887, C. P. On October 19, 1887, Bernard Gallagher brought trespass against M. S. Kemmerer and John Leisenring, Jr., doing business as M. S.-Kemmerer & Co., to recover damages for injuries to the plaintiff’s land, by washings cast upon it from anthracite-coal mines operated by the defendants upon their own land above. Issue. At the trial, on March 21, 1890, it was made to appear, briefly, that the plaintiff was the owner of a tract of about 79 acres of land on Sandy Bun creek in Foster township, and that when the suit was…
1Opinion of the Court
Opinion,
Me. Justice Claek :
This action of trespass on the case was brought by Bernard Gallagher, to recover damages for injuries to his land from a deposit of mine-water, culm, and dirt, accumulated thereon from the defendants’ mining operations on Sandy Run creek, in Luzerne county. The creek has its source in the mountains, about four or five miles above Gallagher’s land through which it passes. The defendants’ operations were commenced in the year 1877. The plaintiff alleges that in the process of washing *517their coal, the refuse, culm, and dirt were conducted in chutes, which emptied the…
2Cases cited10 opinions
- Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
- Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Thompson v. FoxSupreme Court of Pennsylvania · 1937
- Osterling v. FrickSupreme Court of Pennsylvania · 1925
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
25 more not listed; retrieve them via the Exa API.