Montour American. (Danville, Pa.) 1866-1920, 1910-11-10
COAL DIRT CASE
GIVEN TO JURY

The jury in the case of Sophie G..
Eckmsn ~. the Lehigh d wilkes
Barre Coal Company retired to its de.
liberations at 2:3O O'Clock Friday
afternoon.
The entire forenoon was occupied
by the attorneys addresses Former
Judge r. W. Wheaton, chief counsel
for the defendant, was taken 1T Thurs.
day night and was unable TO appear in
court Friday.
Daniel W. Kaercher of Pottsville
took the case TO the jury speaking for
nearly two hours. Mr.. Kaercher essay.
ed no oratorical flights but speaking
deliberately in conversational tone
reviewed the evidence exhaustively.
He claimed that the plaintiil had
failed to make out case; that the
evidence failed to show that the land
was permanently (which he said meant
"entirely') damaged.
He adverted to the testimony to
show that in 1904 the ice did not 90
out of Catawissa creek until after the
icegorge in the river broke and held
that the plaintiff failed to show that
the culm deposited OH her land came
from the Catawissa creek; also to
what extent the land had been damag-
ed by culm alleged to have come down
the Catawissa creek from the mines of
the defendant.
Mr. Kaercher adverted to the state
ments of the PLAINTIFF" offered in evid-
ence, showing that Mrs. Eckman has
also brought suit against a number of
other coal companies charging them
with doing the same thing that she
alleges the defendant is responsible
for.
He also adverted to the value of the
farm as Indicated by the assessors
book offered in evidence, namely, sG,
3i4. Mr.. Eckman himself was the as
SCISSOR and had subscribed TO an oath
that he would value the property at
the full market price.
Mr.. Kaercher contended that the
plaintiff had fai. ed to prove that her
land is unfit for cultivation. Another
point which he claimed faults" the
case is that she failed to prove that
any culm had been put into the Cata-
wissa creek by the defendant company
prior to 1904.
The jury, he said, would not be per-
mitted to guess in the matter. 1t
would not be permitted to visit the
effects of negligent acts of other col
lieries upon the defendant. All the
collieries contributing culm would
have to be taken into account At the
very most the jury could impose only
nominal damages.
1t was nearly II O'Clock when Hou.
II. NJ. Hinckley for the plaintiff went
to the jury. He spoke unit! about
y 80. The address was delveIca ju
Mr.. Hinckley Characteristic ,t,tr
and was listened 10 with tht rcal. II
interest He reviewed ali Ihpry lt, ace.
in succession taking up the urir',ir
points that Mr.. Kacrchpr Lad uilrD ga
show that the plalutiW had f,:l-d IT,
make out a case.
Mr.. Hinckley disputed that 'p-,-
manently" injured implies entirely
injured-by coal dirt.
He admitted that the plaintiff
brought several suits for the reason
that she did not know which company
was responsible. She can only recover
| once-for the full amount of the dam
| age ustained-whethe it come from
! one company or the whole number.
The other cases have nothing to dc
with this one.
/ The evidence showed, Mr. Hinckley
said, that the defendant company was
guilty of a negligent act by placing
culm on the banks of the stream-sC
close that the water even in ordinary
stages might wash it away.
He laid it down as a principle that
the defendant is liable only for the
| injury it inficts and can be held only
for its proportionate share of the dam.
age. 1t was for the jury to determine,
| he said, whether other companies are
responsible for the damage the plain,
| tiff has sustained and, if so, what j.
/ the proportionate share.
( In taking up the analysis of the soil
on which counsel for the defendant
/ had dwelt TO show that the plaintiff
| farm had sustained no permanent
/ damage, Mr. Hinckley stated that the
defendants case was made up of ex.
/ perts but he said that in this matter
he would place one experienced farm.
er against ten experts. The barren
field, he decalred, lies there as ir.
REPUTABLE testimony that the lana ha.
been permanently damaged.
! He ridiculed the theory that the
coal dirt came from collieries mile,
up the river as urged by the defend.
ants. 1t was not necessary to look sc
far, he said, when the Catawissa creek
three miles above the farm is black
with coal dirt.
Mr. HinCkley said no attemOt won Id