Appeals of Sheaffer & Heckscher
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Schuylkill county: Of January Term 1880, No. 334. Bill in equity, by Martin Conville et al. against P. W. Sheaffer, Richard Hecksclier et al., averring that the defendants, as lessees of mining rights to the coal underlying certain houses and lots owned by the complainants, claimed the right to remove all the said underlying coal, and that the mining of said coal by defendants had caused great damage to said lots by the falling in of…
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Appeal from the Court of Common Pleas of Schuylkill county: Of January Term 1880, No. 334. Bill in equity, by Martin Conville et al. against P. W. Sheaffer, Richard Hecksclier et al., averring that the defendants, as lessees of mining rights to the coal underlying certain houses and lots owned by the complainants, claimed the right to remove all the said underlying coal, and that the mining of said coal by defendants had caused great damage to said lots by the falling in of a large portion of the surface, and unsettling said dwelling houses, thereby rendering the occupancy thereof dangerous…
1Per curiam
— This being a preliminary decree we will not now interfere with it. The whole case can be considered on a final hearing.
Decree affirmed and appeal dismissed at the cost of the appellants.
The appellants subsequently presented a petition for a rehearing, and filed the following reasons:—
First. The effect of dismissing the appeal and permitting the preliminary injunction to stand is not to leave things in the condition in which they were originally, but on the contrary suspends the working of a portion of the appellants’ mines for an indefinite period, to their very great loss.
Second. The plant…
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