Jackson Hill Coal & Coke Co. v. Bales
Indiana Supreme Court
Prom Sullivan Circuit Court; T7m. H. Bridwell, Judge. Action by Clara P. Bales and another against the Jackson Hill Coal and Coke Company. Prom a judgment for plaintiffs, the defendant appeals.
1Opinion of the CourtErwin, J.
— This was an action by appellees against appellant for damages to their real estate by reason of its subsidence, caused, as alleged in their amended complaint, by failure to leave proper supports in its coal mine, underneath appellees’ lots, situated in Sullivan County. Two assignments of error are presented, viz., overruling appellant’s demurrer to the amended complaint, and overruling the motion for a new trial.
1. It is contended that the complaint is insufficient for the reason that it fails to aver that it was not the weight of the buildings erected thereon which caused the surface of…
Also in this document: Dissent.
2Cases cited17 opinions
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Wilms v. JessIllinois Supreme Court · 1880
- American Food Co. v. HalsteadIndiana Supreme Court · 1905
- Board of Commissioners v. NicholsIndiana Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Jones v. AbrianiIndiana Court of Appeals · 1976
- Whitaker, Admr. v. BorntragerIndiana Supreme Court · 1954
- Yeager and Sullivan, Inc. v. O'NEILLIndiana Court of Appeals · 1975
- Novak, Admx., Etc. v. Chi. & C. Dist. Tr. Co.Indiana Supreme Court · 1956
- Smith v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1917
24 more not listed; retrieve them via the Exa API.