Legal Opinion

Flavelle v. Red Jacket Consolidated Coal & Coke Co.

West Virginia Supreme Court

Decided April 16, 1918PublishedCited by 19 opinions

Appeal from. Circuit Court, Mingo County. Suit by John Dundas Flavelle and others against the Red Jacket Consolidated Coal & Coke Company and others. Decree for plaintiffs, and the named defendant appeals.

1Opinion of the Court

Lynch, Judge :

Plaintiffs owned two tracts of land in Mingo County containing several seams of coal deposits, one of which known as the Upper Seam they leased to W. R. Hughes and Joseph S. Lipton November 1, 1897, “for coal mining and coal coking purposes only” for a period of twenty-seven years, or until all the workable coal of that seam is mined and removed from the leased premises. For the coal so mined and removed the lessees contracted to pay the lessors quarterly nine cents a ton of 2240 pounds, and for “slack” coal five cents a ton in the event only that the lessees find a market…

2Cases cited10 opinions

  1. Hamilton v. Home InsuranceSupreme Court of the United States · 1890
  2. Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
  3. United States Asphalt Refining Co. v. Trinidad Lake Petroleum Co.District Court, S.D. New York · 1915
  4. Birmingham Fire Insurance v. PulverIllinois Supreme Court · 1888
  5. Kinney v. Balt. & Ohio Emp. Rel. Ass'nWest Virginia Supreme Court · 1891

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

3Cited by19 opinions

  1. Board of Education v. W. Harley Miller, Inc.West Virginia Supreme Court · 1977
  2. William C. Atwater & Co. v. Fall River Pocahontas Collieries Co.West Virginia Supreme Court · 1937
  3. BOARD OF ED., ETC. v. W. Harley Miller, Inc.West Virginia Supreme Court · 1975
  4. Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
  5. Pettus v. Olga Coal Co.West Virginia Supreme Court · 1952

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

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