Weaver v. Berwind-White Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 56, Oot. T., 1906, by-defendant, from judgment of C. P. Cambria Co., Dec. T., 1904, No. 47, on verdict for plaintiff in ease of Abram C. Weaver v. Berwind-White Coal Mining Co.. Trespass to recover damages for injuries to land alleged to have been caused by failure to provide proper surface support.
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Appeal, No. 56, Oot. T., 1906, by-defendant, from judgment of C. P. Cambria Co., Dec. T., 1904, No. 47, on verdict for plaintiff in ease of Abram C. Weaver v. Berwind-White Coal Mining Co.. Trespass to recover damages for injuries to land alleged to have been caused by failure to provide proper surface support. Before O’Connor, P. J. At the trial when plaintiff was on the stand, the following question was asked him: “ Q. From your knowledge of the plaintiff’s premises and the depressions of the soil and the effects of such disturbances, what, in your judgment, is the amount of damages he has…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action in trespass for failure to provide surface support in the mining of coal. It was conceded at the trial that the appellee had been the owner in fee of the premises on which the damages claimed are alleged to have been done. He sold and conveyed the coal, together with mining rights and privileges to the appellant company. The grant is for “ All the merchantable coal in and underlying all that tract of land,” for which the right of surface support is claimed in this action ; “ excepting and reserving however, from and out of this conveyance five (5)…
2Cases cited13 opinions
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Williams v. HaySupreme Court of Pennsylvania · 1888
- Coleman v. ChadwickSupreme Court of Pennsylvania · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
- Hoffman v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1920
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Berkey v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1908
18 more not listed; retrieve them via the Exa API.