Cubbage v. Pittsburg Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 46, Oct. T., 1906, by plaintiff, from judgment of Superior Ct. April T., 1905, No. 171, reversing decree of O. P. No. 1, Allegheny Co., Dec. T., 1903, No. 215, in case of Boyd G. Cubbage v. Pittsburg Coal Company. Appeal from Superior Court. Tbe facts appear from the opinion of the Supreme Court and from the report in 29 Pa. Superior Ct. 341.
1Opinion of the Court
Opinion op
Mr. Justice Brown,
By deed dated May 6, 1865, Joseph K. Cubbage, the father *412of Boyd G-. Oubbage, tbe plaintiff below, conveyed to 'William AL Lyon all the coal in and under a tract of land containing 31 acres and 45 perches situated in what was then the township of Robinson, Allegheny county. The conveyance of the coal included “ the right to mine and carry away said granted coal and in so doing to exercise the usual and ordinary privileges of ventilation and drainage upon the land of said Joseph K. Oubbage, but in such manner as to do no unnecessary injury thereto, with the right…
2Cases cited1 opinion
- Potter v. RendSupreme Court of Pennsylvania · 1902
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- Greek v. WylieSupreme Court of Pennsylvania · 1920
- Camp Ne'er Too Late, LP v. Swepi, LPDistrict Court, M.D. Pennsylvania · 2016
- Blackburn v. Youghiogheny & Ohio Coal Co.Superior Court of Pennsylvania · 1933
- McCully v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1910
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