Legal Opinion

Saltsburg Colliery Co. v. Trucks Coal Mining Co.

Supreme Court of Pennsylvania

Decided January 7, 1924No. Appeal, No. 2PublishedCited by 2 opinions

Appeal, No. 2, Oct. T., 1924, by plaintiff, from judgment of Superior Court, April T., 1923, No. 129, affirming judgment n. o. v. of C. P. Armstrong Co., March T., 1921, No. 6, in favor of defendant, in case of Saltsburg Colliery Co. v. Trucks Coal Mining Co. Appeal from Superior Court. See 81 Pa. Superior Ct. 542. Trespass for damages for coal mined from plaintiff’s land. Before King, P. J. The opinion of the Supreme Court states the facts. Judgment n. o. v. for defendant.

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Appeal, No. 2, Oct. T., 1924, by plaintiff, from judgment of Superior Court, April T., 1923, No. 129, affirming judgment n. o. v. of C. P. Armstrong Co., March T., 1921, No. 6, in favor of defendant, in case of Saltsburg Colliery Co. v. Trucks Coal Mining Co. Appeal from Superior Court. See 81 Pa. Superior Ct. 542. Trespass for damages for coal mined from plaintiff’s land. Before King, P. J. The opinion of the Supreme Court states the facts. Judgment n. o. v. for defendant. Judgment affirmed by Superior Court. Plaintiff appealed. Error assigned was judgment, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Prior to May 16, 1844, William H. Richardson & Co. were engaged in the mining of salt from deposits underlying about six acres of land owned by them; and, in carrying on the business, were using coal procured from an adjoining 194 acres of hill property, also owned by the firm. On that day, they entered into an agreement with Bridget Trucks, George Trucks and Thomas Trucks, who desired to purchase the business and continue the production of salt, to convey to them the “salt wells, with all the buildings, improvements and land thereunto belonging,” constituting…

2Cases cited10 opinions

  1. Funk v. HaldemanSupreme Court of Pennsylvania · 1867
  2. Caldwell v. FultonSupreme Court of Pennsylvania · 1858
  3. Union Petroleum Co. v. Bliven Petroleum Co.Supreme Court of Pennsylvania · 1872
  4. Jennings Bros. & Co. v. BealeSupreme Court of Pennsylvania · 1893
  5. Advance Industrial Supply Co. v. Eagle Metallic Copper Co.Supreme Court of Pennsylvania · 1920

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3Cited by2 opinions

  1. Venable v. StateCourt of Appeals of Arkansas · 1989
  2. Sylvan Green Marble Co. v. Williams & Co.Superior Court of Pennsylvania · 1925

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