Kormuth v. United States Steel Co.

Opinion by

Mr. Justice Arnold,

Plaintiff appeals from the decree of the court below dismissing his bill in equity whereby he sought to enjoin an alleged continuing trespass by defendants.

The facts found by the chancellor, and fully supported by the evidence, are:

In 1902 the Luse heirs, owners in fee, conveyed to the Monongahela River Consolidated Coal and Coke Company all of the coal of the Pittsburgh seam in and underlying some 300 acres of their land “together with . . . right of way into, upon and under said land at sueh points and in such manner as may be proper and necessary for the…