# Brown v. Torrence

> Supreme Court of Pennsylvania · November 28, 1878 · 88 Pa. 186

URL: https://www.frixlaw.com/law-library/cases/6235942

## Case

- **Full name:** Brown versus Torrence
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 28, 1878
- **Citations:** 88 Pa. 186; 1878 Pa. LEXIS 229
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Agnew, Gordon, Mercur, Paxson, Sharswood, Trunkey, Woodward
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6235942

## Opinion text

The judgment of the Supreme Court was entered, November 28th 1878,
Per Curiam.
The verdict of the jury establishes the fact that the surface of the plaintiff’s land was injured by the negligence of the defendants’ intestate in mining the coal underneath, and that the grass and vegetation have been injured by the deleterious gases thrown off from the coke-ovens of the defendants’. It does not appear from the evidence that the plaintiff stood in any relation of contract or of privity to justify these injuries. The mere fact that one man sells land to another cannot of itself justify any use the vendee afterwards chooses to apply his land to. He stands to his vendor without a contract, or some relation of privity, just as he does to others, and the maxim applies sic utere tuo, ut alienum non Icedas. Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6235942. Public record. Not legal advice.