Householder v. Quemahoning Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 106, Oct. T., 1921, by defendant, from judgment of C. P. Somerset Co., Dec. T., 1920, No. 187, on verdict for plaintiff, in case of Harry M. Householder v. Quemahoning Coal Co. Trespass for injuries to water supply from mining operations. Before Berkey, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for f1,725.78. Defendant appealed.
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Appeal, No. 106, Oct. T., 1921, by defendant, from judgment of C. P. Somerset Co., Dec. T., 1920, No. 187, on verdict for plaintiff, in case of Harry M. Householder v. Quemahoning Coal Co. Trespass for injuries to water supply from mining operations. Before Berkey, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for f1,725.78. Defendant appealed. Errors assigned, among others, were various instructions, sufficiently appearing by the opinion of the Supreme Court, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Plaintiff owned seven acres of surface, the coal under it being owned by defendant. The titles were subject to the following covenants: The owner of the surface released “all claims for damages for injury to the...... land, or to any waters,......caused......by the exercise of any of the rights and privileges hereby granted. Provided that......lands permanently injured by caving in......shall be paid for at double the present assessed valuation.” “Provided also that if the removal of the coal destroys the water at the building on said premises, then the parties…
2Cases cited14 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
- Atherton v. Clearview Coal Co.Supreme Court of Pennsylvania · 1920
- Heh v. Consolidated Gas Co.Supreme Court of Pennsylvania · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Waschak v. MoffatSupreme Court of Pennsylvania · 1954
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Valley Smokeless Coal Co. v. Manufacturers' Water Co.Supreme Court of Pennsylvania · 1928
- Moravecz v. Hillman Coal & Coke Co.Supreme Court of Pennsylvania · 1958
- Clearfield Bank & Trust Co. v. Shaffer, Pennsylvania Court of Common Pleas, Clearfield County1984
2 more not listed; retrieve them via the Exa API.