Piedmont & George's Creek Coal Co. v. Kearney
Court of Appeals of Maryland
Appeal from the Circuit for Allegany County (Hekbersosr, J.), where there was a judgment on verdict for the plaintiff for $1,500. Plaintiffs Second Prayer.—If the jury find for the plaintiff then in estimating the damage the jury are to consider the market value of the premises before the happening of said injuries as compared with the present market value of said premises in so far as they may find the market value has been reduced by injuries to the surface and to the…
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Appeal from the Circuit for Allegany County (Hekbersosr, J.), where there was a judgment on verdict for the plaintiff for $1,500. Plaintiffs Second Prayer.—If the jury find for the plaintiff then in estimating the damage the jury are to consider the market value of the premises before the happening of said injuries as compared with the present market value of said premises in so far as they may find the market value has been reduced by injuries to the surface and to the improvements thereon, as set out in the plaintiff’s first prayer, •and allow to the plaintiff such damages as will…
1Opinion of the CourtBoyd, C. J.
The appellee sued the appellant for damages alleged to have been sustained by him by reason of the appellant removing the coal which supported the surface owned by him in a tract of land containing fourteen acres. The property was conveyed to the plaintiff in 1897, “except, however, all coal and other minerals on or underlying said above granted' property to the same extent and in like manner as excepted in the said deed from Maria Reese et al. to Daniel Ritchey and Stewart Arnold, above described.” In the deed referred to is this reservation: “The parties of the first part reserve to…
2Cases cited32 opinions
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Griffin v. Coal Co.West Virginia Supreme Court · 1905
- Williams v. GibsonSupreme Court of Alabama · 1887
27 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Superior Construction Co. v. ElmoCourt of Appeals of Maryland · 1954
- Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
- Mullan v. HackerCourt of Appeals of Maryland · 1946
- Calvert Joint Venture 140 v. SniderCourt of Appeals of Maryland · 2003
- Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925
9 more not listed; retrieve them via the Exa API.