Lentz v. Carnegie Bros.
Pennsylvania Court of Common Pleas, Westmoreland County
No. 129 October Term 1890, Sup. Ct.; court below, No. 202 May Term 1888, C. P. On March 8, 1888, Joseph Lentz brought trespass against Carnegie Brothers and Company, Limited, to recover damages for injuries to the plaintiff’s land, alleged to have been caused by acts of the defendants. The defendants pleaded not guilty and the statute of limitations.
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No. 129 October Term 1890, Sup. Ct.; court below, No. 202 May Term 1888, C. P. On March 8, 1888, Joseph Lentz brought trespass against Carnegie Brothers and Company, Limited, to recover damages for injuries to the plaintiff’s land, alleged to have been caused by acts of the defendants. The defendants pleaded not guilty and the statute of limitations. The plaintiff gave notice that he would claim damages to the date of trial: See act of May 2, 1876, P. L. 95. At the trial, on June 2,1890, the following facts were shown: In 1862, the plaintiff became the owner of a farm of seventy-three acres,…
1Opinion of the Court
Opinion,
Mb. Justice Williams :
The questions raised by this appeal are substantially those which were considered and decided in the recent case of Robb v. Carnegie, ante, 324, in which an opinion was filed on the first day of the present term. The conclusions reached in that case require us to sustain the second, fifth, sixth, eighth, and fourteenth assignments of error, all of which relate to the measure of damages.
The plaintiff is the owner of a farm containing seventy-three acres and lying on both sides of Brush creek. It is mainly upland. The flat along the stream is quite narrow, and…
2Cited by37 opinions
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- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Kirkbride v. Lisbon Contractors, Inc.Supreme Court of Pennsylvania · 1989
- Riblet v. Spokane-Portland Cement Co.Washington Supreme Court · 1952
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