Berkey v. Berwind-White Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 195, Oct. T., 1910, by defendant, from judgment of C. P. Somerset Co., May T., 1908, No. 77, on verdict for plaintiff in case of Henry A. Berkey v. Berwind-White Coal Mining Company. Trespass to recover damages for injuries to surface caused by coal mining operations.
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Appeal, No. 195, Oct. T., 1910, by defendant, from judgment of C. P. Somerset Co., May T., 1908, No. 77, on verdict for plaintiff in case of Henry A. Berkey v. Berwind-White Coal Mining Company. Trespass to recover damages for injuries to surface caused by coal mining operations. Before Kooser, P. J. At the trial when Daniel Ott was on the stand on cross-examination, the following offer was made: Mr. Ruppel: We propose to ask the witness whether he did not testify in the case of Jacob L. Manges v. The Berwind-White Coal Mining Company for damages to the surface of a tract of land in the same…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In 1892 the plaintiff and his wife conveyed to Robert H. Sayre all the coal and minerals underlying a tract of land in Paint township, Somerset county, containing about 120 acres, together with certain surface and mining rights and privileges Tor the removal of the coal. There was nothing in the conveyance, however, to authorize the grantee to injure or disturb the surface, or any waiver by the grantors of damages arising from injury to the surface by reason of the mining and removal of the coal. The defendant company is, and has been for some time, mining the…
2Cited by9 opinions
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- Stilley v. Pittsburgh-Buffalo Co.Supreme Court of Pennsylvania · 1912
- O'Donnell v. Oliver Iron Mining Co.Michigan Supreme Court · 1933
- North East Coal Co. v. PickelsimerCourt of Appeals of Kentucky (pre-1976) · 1934
- Lenox Coal Co. v. Duncan-Spangler Coal Co.Supreme Court of Pennsylvania · 1920
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