Scranton Coal Co. v. Graff Furnace Co.

WOOLLEY, Circuit Judge.

In order that there may be no doubt as to precisely what were the issues tried below and what, accordingly, are the questions here for review, we think it necessary to give briefly the history of this involved and protracted litigation.

In 1891, the Lackawanna Iron & Coal Company, owner in fee of a tract of land on which a portion of the City of Scranton is now built, conveyed all the coal and minerals beneath the surface to the Lackawanna Iron & Steel Company, together with the right to mine and remove the same. Later, the Lackawanna Iron & Steel Company made a like…