Coxe v. England
Case Details
- Judge(s)
- Agnew, Prius, Read, Sharswood, Thompson, Williams
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Pennsylvania
Related Laws
No specific laws identified for this ruling.
Outcome
The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's award of total disability benefits to claimant Ralph T. Throop for a work-related hernia injury, holding Allstate Insurance Company liable as the employer's carrier during the relevant period.
Excerpt
Error to the Court of Common Pleas of Elk county: No. 182, to January Term 1870. This was an action of trespass q. c. f. by Alfred Cox and Ferdinand Cox, executors, &c., of John Redman Cox, deceased, against E. B. England and Jacob Brown, for damages under the 2d sect, of the Act of March 1824 (8 Smith L. 283; Purd. 961 pl. 2) for cutting timber. The title to the land from which the timber was cut was vested in the decedent December 22d 1840. He died about March 28th 1864, having made his will proved on that day; the plaintiffs were the executors of the will. The case was tried November 2d 1869, before Johnson, P. J. The plaintiffs gave evidence of cutting timber by Brown, one of the defendants, in 1860, on the land of decedent near Kersey, and of the presence of England whilst the cutting was going on, and gave evidence as to the value of such timber; they then offered to prove the price of logs at Williamsport as the nearest market; there being no market value for timber on the stump at Kersey. The defendant objected to the offer, which was rejected and a hill of exceptions sealed. It was admitted that the defendants took timber from the land : and the plaintiffs closed. The defendants gave in evidence a power of attorney, dated January 13th 1847, from the decedent to J. R. Cox, Jr. (his son), “ to contract and execute articles of agreement for the sale and. conveyance of all or any part of my unimproved lands, in the counties of Lycoming, Clearfield and Elk, in the said state of Pennsylvania, for such prices per acre as he may be able to obtain for the same,” &c. They then called J. Gr. Hall and exhibited to him a contract dated February 17th 1863, between J. R. Coxe, Jr., “ by his attorney in fact or agent Lorenzo Lewis Coxe,” (his son), and Elijah B. England. The witness testified: “ This contract is in my handwi'iting; I think L. L. Coxe had a paper, which was a power of attorney from his father to act in the matter
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