Legal Opinion

Donovan v. Consolidated Coal Co.

Appellate Court of Illinois

Decided March 16, 1900PublishedCited by 6 opinions

Trespass, for taking coal. Appeal from the Circuit Court of St. Clair County; the Hon. Martin W. Schaefer, Judge, presiding. Heard in this court at the August term, 1899.

1Opinion of the CourtJustice Creighton

This was an action of trespass in the Circuit Court of St. Clair County, by appellee against appellant, to recover for coal mined and taken from a certain stratum of coal owned by appellee. Jury was waived. Trial was by the court without a jury. Finding and judgment in favor of appellee for $2,500 and costs.

Appellant was the owner of certain lands, comprising 24-| acres, upon and in which was situate a coal mine known as the Johnson mine. He also owned the surface of 135 acres of other land lying immediately west of the Johnson mine tract, but he did not own and never owned the coal under the…

2Cases cited5 opinions

  1. Wetherbee v. GreenMichigan Supreme Court · 1871
  2. Isle Royale Mining Co. v. HertinMichigan Supreme Court · 1877
  3. Robertson v. JonesIllinois Supreme Court · 1874
  4. Illinois & St. Louis Railroad & Coal Co. v. OgleIllinois Supreme Court · 1876
  5. Illinois & St. Louis Railroad & Coal Co. v. OgleIllinois Supreme Court · 1879

3Cited by6 opinions

  1. Bucher v. KrauseCourt of Appeals for the Seventh Circuit · 1953
  2. Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
  3. Dietz v. Illinois Bell Telephone Co.Appellate Court of Illinois · 1987
  4. Allabastro v. CumminsAppellate Court of Illinois · 1980
  5. Perrine v. HanacikSupreme Court of Oklahoma · 1913

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