Commonwealth v. Pardee Bros.

Opinion by

Mr. Justice Drew,

This bill in equity was filed by the Commonwealth to restrain Pardee Brothers & Company, Inc., one of the defendants, from mining coal under a portion of State Highway No. 185 in such manner as to cause subsidence of the highway by depriving it of vertical and lateral support. A preliminary injunction was granted, and under Equity Buie 48 said defendant and Fidelity-Philadelphia Trust Company, Trustee, also a defendant, filed preliminary objections to the bill. These were sustained, with leave to the Commonwealth to amend, and an amended bill was filed, but the…