New York & Pittston Coal Co. v. Hillside Coal & Iron Co.
Supreme Court of Pennsylvania
Appeal, No. 173, Jan. T., 1908, by plaintiff, from decree of C. P. Luzerne Co., Oct. T., 1903, No. 9; dismissing bill in equity in case of New York & Pittston Coal Company v. Hillside Coal & Iron Company and Avoca Coal Company, Limited. Bill in equity for an account. Before Halsey, J. The opinion of the Supreme Court states the case. Errors assigned were in refusing certain requests for findings of fact and conclusions of law.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The court below refused to find that the culm bank, at the date of the agreement of December 14, 1888, and afterwards, belonged to the appellant, but did properly conclude, as a matter of law, from the evidence before it, that “the culm upon the premises whether mined by J. H. Swoyer and the Hillside Coal & Iron Company claiming under him prior to the lease of December 14, 1888, or mined by the Hillside Coal & Iron Company and the Avoca Coal Company after the lease of 1888, was the property of the Hillside Coal & Iron Company and the Avoca Coal Company…
2Cases cited3 opinions
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
- Webber v. VogelSupreme Court of Pennsylvania · 1899
- Hollenback Coal Co. v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1907
3Cited by9 opinions
- Westerman v. Pennsylvania Salt Manufacturing Co.Supreme Court of Pennsylvania · 1918
- Ames v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1934
- Quality Excelsior Coal Co. v. ReevesSupreme Court of Arkansas · 1944
- Everly v. Shannopin Coal Co.Superior Court of Pennsylvania · 1939
- Kormuth v. United States Steel Co.Supreme Court of Pennsylvania · 1954
4 more not listed; retrieve them via the Exa API.