Legal Opinion

Blaen Avon Coal Co. v. McCulloh

Court of Appeals of Maryland

Decided February 16, 1883PublishedCited by 19 opinions

Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. First and Second Exceptions.—Sufficiently stated in the opinion of the Court.

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Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. First and Second Exceptions.—Sufficiently stated in the opinion of the Court. Third Exception.—The plaintiff then offered to prove hy Janies Aspinwall the worth per ton of severing coal from its native bed, including the worth or cost of propping the mine, for the purpose of enabling the miners to proceed with said severance, to which the defendants objected, and upon the witness stating that propping the mine was necessary before coal could be severed, the-Court (Pearre, and Hotter, J.,)…

1Opinion of the CourtRitchie, J.

The judgment in this case was against the Blaen Avon Coal Company and Archibald Stewart, its mining boss, for entering the appellee’s close, and mining and taking away several thousand tons of coal, and for so conducting their operations as to greatly impair the value of the residue of his coal bed.

In the course of proving his record title to the land, the plaintiff offered in evidence the will of Baker Johnson, deceased, the original grantee of the State, which contained the following clause:

“It is my will and desire, and I do hereby direct, that my executors shall sell and convey in such…

2Cases cited8 opinions

  1. Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
  2. Maye v. TappanCalifornia Supreme Court · 1863
  3. Franklin Coal Co. v. McMillanCourt of Appeals of Maryland · 1878
  4. Carlysle v. CarlysleCourt of Appeals of Maryland · 1857
  5. McLean County Coal Co. v. LongIllinois Supreme Court · 1876

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

3Cited by19 opinions

  1. Levi v. SchwartzCourt of Appeals of Maryland · 1980
  2. Riegger v. Bruton Brewing Co.Court of Appeals of Maryland · 1940
  3. JBG/Twinbrook Metro Ltd. Partnership v. WheelerCourt of Appeals of Maryland · 1997
  4. Sunnyside Coal & Coke Co. v. ReitzIndiana Court of Appeals · 1895
  5. Whiting v. AdamsSupreme Court of Vermont · 1894

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