President, Managers & Co. of the Delaware & Hudson Canal Co. v. Hughes
Supreme Court of Pennsylvania
Appeal, No. 263, Jan. T., 1896, by plaintiffs, from decree of C. P. Lackawanna Co., Sept. T., 1894, No. 5, on bill in equity. Bill in equity praying for an injunction to restrain the defendants from mining coal under certain lands claimed by plaintiffs. Before Gunster, J. The facts appear by the opinion of the Supreme Court. Error assigned■ was in dismissing bill.
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Appeal, No. 263, Jan. T., 1896, by plaintiffs, from decree of C. P. Lackawanna Co., Sept. T., 1894, No. 5, on bill in equity. Bill in equity praying for an injunction to restrain the defendants from mining coal under certain lands claimed by plaintiffs. Before Gunster, J. The facts appear by the opinion of the Supreme Court. Error assigned■ was in dismissing bill. It is well settled by numerous authorities both in this state and in England that, where a severance of the surface from the underlying strata of coal or other minerals has taken place, no possession of the surface constitutes any…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This case presents a question of considerable importance to the owners of mineral lands, which does not seem to have been decided by the courts or to have been discussed by text writers, so far as we have been able to discover. It will be readily understood from a brief statement of the facts out of which it arises. The plaintiff company is engaged in mining and selling anthracite coal. As early as 1825 it was the owner of a considerable body of contiguous lands which had been purchased by it because of the coal underlying it. A tract known as the “Porter…
2Cases cited6 opinions
- Lewey v. H. C. Fricke Coke Co.Supreme Court of Pennsylvania · 1895
- Scranton Gas & Water Co. v. Lackawanna Iron & Coal Co.Supreme Court of Pennsylvania · 1895
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Kingsley v. Hillside Coal & I. Co., Pennsylvania Court of Common Pleas, Lackawanna County1892
- Caldwell v. CopelandSupreme Court of Pennsylvania · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Radke v. Union Pacific Railroad CompanySupreme Court of Colorado · 1959
- Broughton v. Humble Oil & Refining Co.Court of Appeals of Texas · 1937
- Ohio Oil Co. v. Wyoming AgencyWyoming Supreme Court · 1947
- Rockwell v. Warren CountySupreme Court of Pennsylvania · 1910
- Bilby v. WireNorth Dakota Supreme Court · 1956
31 more not listed; retrieve them via the Exa API.