Rice v. Clear Spring Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 488, Jan. T., 1897, by-plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1895, No. 302, dismissing exceptions to report of referee. Trespass for mining coal.
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Appeal, No. 488, Jan. T., 1897, by-plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1895, No. 302, dismissing exceptions to report of referee. Trespass for mining coal. The case was referred to J. D. Coons, Esq., as referee, who reported as follows : The Clear Spring Coal Company, defendant, is owner of the coal underlying the lands on either side of a strip of land in the borough of West Pittston, Luzerne county, Pennsylvania, occupied by the Lackawanna & Bloomsburg Railroad Company with its railroad, and in the conduct and operation of its business, has driven a slope through the…
1Opinion of the Court
Per Curiam,
We find no error in the judgment from which this appeal was taken. The learned judge of the common pleas Avas clearly right in dismissing exceptions to the referee’s report, and in directing judgment to be entered for the defendant. For reasons briefly given in his opinion the judgment is affirmed.
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