Matthews v. Rush
Supreme Court of Pennsylvania
Appeal, No. 115, Oct. T., 1918, by plaintiff, from judgment of O. P. Westmoreland Co., Aug. T., 1917, No. 273, on verdict for plaintiff in case of Minnie F. Matthews and J. H. Matthews, her husband, in right of said wife and for her use, and Nora A. Fox, v. Logan Rush and W. E. Rice, partners, trading as Tyrone Coal Company. Trespass for alleged wrongful mining of coal. Before Copeland, P. J., specially presiding.
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Appeal, No. 115, Oct. T., 1918, by plaintiff, from judgment of O. P. Westmoreland Co., Aug. T., 1917, No. 273, on verdict for plaintiff in case of Minnie F. Matthews and J. H. Matthews, her husband, in right of said wife and for her use, and Nora A. Fox, v. Logan Rush and W. E. Rice, partners, trading as Tyrone Coal Company. Trespass for alleged wrongful mining of coal. Before Copeland, P. J., specially presiding. At the trial the jury returned a verdict for plaintiff for $2,201.19, on which judgment was entered. Errors assigned were various rulings on evidence and instructions, sufficiently…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The statement of claim in this case averred plaintiffs were the owners of a tract of land, adjoining another tract from which defendants were mining coal; that in the course of their operations defendants knowingly removed, and converted to their own use, coal from under plaintiffs’ land; and that certain other coal underlying said land became valueless by reason of defendants’ acts, because it would be unprofitable to mine it; wherefore plaintiff claimed treble damages for the coal actually taken and converted,- and single damages for the coal renderéd valueless.
2Cases cited2 opinions
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Rhoads v. Quemahoning Coal Co.Supreme Court of Pennsylvania · 1913
3Cited by9 opinions
- Sabella, D. v. Appalachian Development Corp.Superior Court of Pennsylvania · 2014
- Workmen's Compensation Appeal Board v. Evening BulletinSupreme Court of Pennsylvania · 1982
- Matthews v. Tyrone Coal Co.Superior Court of Pennsylvania · 1920
- Mahony, Trustee v. BoenningSuperior Court of Pennsylvania · 1939
- Valley Smokeless Coal Co. v. HagerSupreme Court of Pennsylvania · 1928
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