Lazarus v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 304, Jan. T., 1907, by plaintiffs, from decree of C. P. Luzerne Co., Oct. T., 1904, No. 8, dismissing bill in equity in case of George Lazarus et al. v. The Lehigh & Wilkes-Barre Coal Company. Bill in equity for an injunction and for an account. Before Halsey, J. The opinion of the Supreme Court states the case. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
It was averred in the bill filed that the plaintiffs’ predeces; sors in title in 1871 leased to parties whose rights have become vested in the defendant all the coal under 225 acres of land described, with the right to mine and remove the same; that the agreement provided that a fixed royalty should be paid for all coal mined that would pass over a screen of five-eighths of an inch mesh, and that in violation of the agreement the defendant was using screens of a larger mesh, which decreased the amount of coal for which a royalty was to be paid under the agreement;…
2Cases cited2 opinions
- Denniston v. HaddockSupreme Court of Pennsylvania · 1901
- Estate of LazarusPennsylvania Orphans' Court, Luzerne County · 1892
3Cited by6 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Essex Coal Co. AppealSupreme Court of Pennsylvania · 1963
- Lackawanna Ice Co. v. WeingartnerSupreme Court of Pennsylvania · 1937
- Rice v. RuckleSupreme Court of Pennsylvania · 1909
- Smith's EstateSuperior Court of Pennsylvania · 1918
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