Monongahela River Consolidated Coal & Coke Co. v. Hines
Superior Court of Pennsylvania
Appeal, No. 10, April T., 1916, by defendant, from judgment of C. P. Washington Co., Aug. T., 1914, No. 4, on verdict for plaintiff in case of Monongahela River Consolidated Coal & Coke Company v. James E. Hines, Surviving Executor of the Estate of Isaac W. Rickards, deceased. Assumpsit to recover money which the defendant was compelled to pay under a judgment.
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Appeal, No. 10, April T., 1916, by defendant, from judgment of C. P. Washington Co., Aug. T., 1914, No. 4, on verdict for plaintiff in case of Monongahela River Consolidated Coal & Coke Company v. James E. Hines, Surviving Executor of the Estate of Isaac W. Rickards, deceased. Assumpsit to recover money which the defendant was compelled to pay under a judgment. At the trial the jury returned a verdict for plaintiff for $1,241.93. On a rule for judgment n. o. v. McIlvane, P. J., filed the following opinion: 1. On May 28, 1887, Isaac W. Richards, being the owner of a tract of land in East and…
1Opinion of the Court
Opinion by
Henderson, J.,
The grant from Isaac W. Eichards to the New York and Cleveland Gas Coal Company covered the Pittsburgh vein of coal in the whole tract together with the right to mine, remove and carry away the same “without any liability for injury caused thereby to the surface of the land overlying said coal”; and the same title was transferred by that company to the plaintiff. Eichards owned all of the surface except that which he had theretofore conveyed to Lundy but as to the latter he was without authority to contract with respect to a release of liability for damages in case of…
2Cases cited1 opinion
- Provident Life & Trust Co. v. FissSupreme Court of Pennsylvania · 1892