Shaulis v. Quemahoning Creek Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 62, Oct. T., 1918, by plaintiff; from decree of O. P. Somerset Co., Equity Docket, 1916, No. 8, on bill in equity in case of Michael J. Shaulis v. Quemahoning Creek Coal Co. Bill in equity for an injunction to restrain the defendant from hauling over plaintiff’s surface, coal mined upon land adjacent to the coal underlying plaintiff’s tract. Before Bailey^ P. J., specially presiding. The case turned on the construction of a deed for coal with mining privileges.
Read the full summary
Appeal, No. 62, Oct. T., 1918, by plaintiff; from decree of O. P. Somerset Co., Equity Docket, 1916, No. 8, on bill in equity in case of Michael J. Shaulis v. Quemahoning Creek Coal Co. Bill in equity for an injunction to restrain the defendant from hauling over plaintiff’s surface, coal mined upon land adjacent to the coal underlying plaintiff’s tract. Before Bailey^ P. J., specially presiding. The case turned on the construction of a deed for coal with mining privileges. The material portions of the deed are quoted in the opinion of the Supreme Court. The court refused the injunction.…
1Opinion of the Court
Opinion by
Mr. Justice Fox,
The plaintiff owns a tract of land in Lincoln Township, Somerset County, containing 101.84 acres. The coal underlying this tract was conveyed to the defendant company by the predecessors in title of the plaintiff. The deed of conveyance contained a clause which gives rise to this controversy and was as follows:
• “Together with the free and unqualified right to mine and remove all of said coal and with all the mining rights and privileges necessary or convenient to such mining and removal of same, together with the free and unrestricted right to remove and carry away,…
2Cases cited2 opinions
- Potter v. RendSupreme Court of Pennsylvania · 1902
- Farrar v. Pittsburg & Eastern Coal Co.Superior Court of Pennsylvania · 1905
3Cited by3 opinions
- Blackburn v. Youghiogheny & Ohio Coal Co.Superior Court of Pennsylvania · 1933
- Eastern Gas & Fuel Associates v. Kalp, Pennsylvania Court of Common Pleas, Fayette County1965
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928