Legal Opinion

Graff Furnace Co. v. Scranton Coal Co.

Supreme Court of Pennsylvania

Decided March 30, 1914No. Appeal, No. 56PublishedCited by 26 opinions

Appeal, No. 56, Jan. T., 1914, by plaintiff, from decree of C. P. Lackawanna Co., Oct. T., 1913, No. 5, in equity, dismissing bill in equity for an injunction in case of The Graff Furnace Company v. Scranton Coal Company. Bill in equity for an injunction. Before Edwards, P. J, The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed.

Read the full summary

Appeal, No. 56, Jan. T., 1914, by plaintiff, from decree of C. P. Lackawanna Co., Oct. T., 1913, No. 5, in equity, dismissing bill in equity for an injunction in case of The Graff Furnace Company v. Scranton Coal Company. Bill in equity for an injunction. Before Edwards, P. J, The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed. Errors assigned were in dismissing various exceptions to the findings of fact and law of the trial judge and the decree of the court. If the destruction of surface support is not necessarily incident to…

1Opinion of the Court

Opinion by

Me. Justice Mesteezat,

This is a bill in equity filed by the owner of the surface to restrain the owner of the underlying mineral estate from mining and removing the mineral without leaving or erecting sufficient pillars and artificial supports to protect the surface of the land.

The Lackawanna Iron and Coal Company was the owner in fee of all the coal and surface of certain large tracts of land located on the west side of the City of Scranton, and on February 3, 1891, by warranty deed in fee simple, conveyed all the coal and minerals beneath the surface of the land to the Lackawanna…

2Cases cited1 opinion

  1. Jones v. WagnerSupreme Court of Pennsylvania · 1870

3Cited by26 opinions

  1. Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
  2. Peters Township School District v. The Hartford Accident and Indemnity CompanyCourt of Appeals for the Third Circuit · 1987
  3. Consolidation Coal Co. v. WhiteSuperior Court of Pennsylvania · 2005
  4. Commonwealth v. FitzmartinSupreme Court of Pennsylvania · 1954
  5. Commonwealth v. FisherSupreme Court of Pennsylvania · 1950

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API