Scranton v. Scranton Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 37, Jan. T., 1915, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1914, No. 9, in equity, refusing an injunction, in case of City of Scranton v. Scranton Coal Company, and Elk Hill Coal & Iron Company. Bill in equity for an injunction. Before Newcomb, J. The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill.
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Appeal, No. 37, Jan. T., 1915, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1914, No. 9, in equity, refusing an injunction, in case of City of Scranton v. Scranton Coal Company, and Elk Hill Coal & Iron Company. Bill in equity for an injunction. Before Newcomb, J. The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed. . Errors assigned were in dismissing exceptions to various findings of fact and law and the decree of the court!
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This bfll in equity was filed to restrain the mining of coal under certain public streets.
Scranton is a city of the second class; and defendants are duly chartered mining companies. In the northern part of the City of Scranton, and situate upon the east bank of the Lackawanna river, is a tract of 72 acres of *324land, on which there are certain public streets, avenues and boulevards, and which is underlaid with several veins of anthracite coal. The title to the coal has been severed from that of' the surface and is in the Pennsylvania Coal Company, which made a lease…
2Cases cited2 opinions
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- Reilly v. MageeSupreme Court of Pennsylvania · 1922
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