Jones v. Wagner
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 169, to October and November Term 1869. This was an action on the case by Christian Wagner against Benjamin E. Jones and others, to April Term 1868. The declaration set out that the plaintiff was possessed of a piece of land containing 4 acres, and that the defendants removed the coal underlying the tract in “ so negligent, careless and unskilful a manner, and without leaving proper pillars, ribs and supports,” that the…
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Error to the District Court of Allegheny county: No. 169, to October and November Term 1869. This was an action on the case by Christian Wagner against Benjamin E. Jones and others, to April Term 1868. The declaration set out that the plaintiff was possessed of a piece of land containing 4 acres, and that the defendants removed the coal underlying the tract in “ so negligent, careless and unskilful a manner, and without leaving proper pillars, ribs and supports,” that the surface caved in, greatly damaging the land, the dwelling-house and other buildings, the fences and fruit trees, and…
1Opinion of the Court
The opinion of the court was delivered, February 9th 1871, by
Thompson, C. J.
— The piece of ground out of which the controversy in this case has arisen, formerly belonged to John Ormsby’s estate, and in the partition of that estate in November 1855, the minerals in, and the surface of the land were separated and made to constitute two separate and distinct properties or estates, without any restriction, limitation or servitude imposed on either, and were so allotted among two of Ormsby’s heirs. The plaintiff claims title to the surface through the heir to whom it was allotted, and so do the…
2Cited by38 opinions
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- Consolidation Coal Co. v. WhiteSuperior Court of Pennsylvania · 2005
- Collins v. Gleason Coal Co.Supreme Court of Iowa · 1908
- Williams v. HaySupreme Court of Pennsylvania · 1888
- Graff Furnace Co. v. Scranton Coal Co.Supreme Court of Pennsylvania · 1914
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