Stark v. Pennsylvania Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 224, Jan. T., 1912, by defendant, from judgment of C. P. Lackawanna Co., May T., 1904, No. 12, for plaintiff in case of Edgar W. Stark, John W. Stark and Edgar W. Stark, Administrator d. b. n. c. t. a. of Conrad S. Stark, deceased, v. Pennsylvania Coal Company. Trespass to recover damages for tbe mining of coal. Before Newcomb, J. Tbe facts appear in tbe opinion of tbe Supreme Court. Tbe case was referred to referee, Wm.
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Appeal, No. 224, Jan. T., 1912, by defendant, from judgment of C. P. Lackawanna Co., May T., 1904, No. 12, for plaintiff in case of Edgar W. Stark, John W. Stark and Edgar W. Stark, Administrator d. b. n. c. t. a. of Conrad S. Stark, deceased, v. Pennsylvania Coal Company. Trespass to recover damages for tbe mining of coal. Before Newcomb, J. Tbe facts appear in tbe opinion of tbe Supreme Court. Tbe case was referred to referee, Wm. W. Latbrope, Esq., wbo found in favor of tbe plaintiff in tbe amount of $5,292.50, with interest. Exceptions to tbe report of tbe referee were dismissed by tbe…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of trespass in which the plaintiffs sought to recover damages from the defendant for the mining of coal upon a small tract of land to which the plaintiffs claimed title. The controversy is as to the location of what is known as the George T. Smith tract. Plaintiffs claimed this tract under a patent for six acres and thirty perches of land issued by the Commonwealth on June 16, 1870. Defendant claimed under a warrant issued on August 26, 1802, to William H. Smith, and a patent issued on June 5, 1870, to Thomas Wright, which covered two hundred…
2Cases cited4 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Philadelphia Co. v. United Gas Improvement Co.Supreme Court of Pennsylvania · 1897
3Cited by8 opinions
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- Paraffine Oil Co. v. CruceSupreme Court of Oklahoma · 1916
- Camp Chicopee v. EdenSupreme Court of Pennsylvania · 1931
- Smith v. Benjamin Coal Co.Superior Court of Pennsylvania · 1980
- Copenhaver v. Markle-Bullers Coal Co., Pennsylvania Court of Common Pleas, Alleghany County1978
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