Penman v. Jones
Supreme Court of Pennsylvania
Appeal, No. 97, Jan. T., 1916, by defendant, from judgment of C. P. Luzerne Co., Nov. T., 1915, No. 592, dismissing exceptions to referee’s report in case of T. F. Penman v. John M. Jones. Assumpsit on agreement to purchase surface of certain coal lands in Lackawanna County. Before Carman, J. The facts appear by the opinion of the Supreme Court. The referee directed judgment to be entered in favor of plaintiff and against the defendant.
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Appeal, No. 97, Jan. T., 1916, by defendant, from judgment of C. P. Luzerne Co., Nov. T., 1915, No. 592, dismissing exceptions to referee’s report in case of T. F. Penman v. John M. Jones. Assumpsit on agreement to purchase surface of certain coal lands in Lackawanna County. Before Carman, J. The facts appear by the opinion of the Supreme Court. The referee directed judgment to be entered in favor of plaintiff and against the defendant. The court dismissed exceptions to the referee’s findings and directed that judgment be entered in accordance therewith. Defendant appealed. Errors assigned…
1Dissent
Dissenting Opinion by
Mr. Justice Moschzisker :
The material facts in this case may be summarized thus: In 1873, A, a corporation, the owner of a certain large tract of land, sold and conveyed a part thereof to B, reserving to the grantor, its “successors and assigns,” the underlying or mineral estate, in apt words creating a fee therein, with the right to mine without “incurring, in any event whatever, any liability for injury caused o-r damage done to the surface of said lot.” Eighteen years after this, A sold and conveyed to- C, a corporation, all the coal under its land, of the surface of…
2Cases cited23 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Kieffer v. ImhoffSupreme Court of Pennsylvania · 1856
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Manbeck v. JonesSupreme Court of Pennsylvania · 1899
- Richmond v. BennettSupreme Court of Pennsylvania · 1903
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