Scranton v. Phillips
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county :\ Of July Term 1878, No. 210. L Case by William J. Phillips and others, trustees of the Calvinistic Methodist Church of Hyde Park, against Seldon T. Scranton and others, heirs and legal representatives of George W. Scranton, deceased, and James H. Gulick, administrator of Joseph Fellows, deceased, for alleged damages to the lot and building of said church, sustained' by the settling of the surface of the lot, occasioned…
Read the full summary
Error to the Court of Common Pleas of Luzerne county :\ Of July Term 1878, No. 210. L Case by William J. Phillips and others, trustees of the Calvinistic Methodist Church of Hyde Park, against Seldon T. Scranton and others, heirs and legal representatives of George W. Scranton, deceased, and James H. Gulick, administrator of Joseph Fellows, deceased, for alleged damages to the lot and building of said church, sustained' by the settling of the surface of the lot, occasioned by the mining of coal by the defendants, the Scrantons, who were the lessees of Fellows, the other defendant. The…
1Opinion of the CourtJustice Mercur
This is an action on the case. It was brought to recover for the damages done to the lot and building of the defendants in error, by reason of the mining of coal beneath, by the plaintiffs in error. The former owned the surface right of the land, the latter all the coal beneath the surface.
Joseph Fellows was the owner of a larger tract of land, of which the lot in question formed a part, underlaid with coal. While thus the owner in fee, on the 1st of May 1860, he, by contract in writing, agreed to sell the lot on which the alleged damage was sustained to Emily E. Preston. After describing the…
2Cited by26 opinions
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
- Patton v. Republic Steel Corp.Supreme Court of Pennsylvania · 1985
- Collins v. Gleason Coal Co.Supreme Court of Iowa · 1908
- Williams v. HaySupreme Court of Pennsylvania · 1888
21 more not listed; retrieve them via the Exa API.