Lenox Coal Co. v. Duncan-Spangler Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 84, Oct. T., 1919, by defendant, from decree of C. P. Cambria Co., Dec. T., 1917, No. 1, on bill in equity in case of Lenox Coal Co. v. Duncan-Spangler Coal Co. Bill in equity for an injunction. Before O’Connor, J. The court awarded an injunction. Defendant appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Me. Justice Walling,
This bill in equity was filed to restrain the removal of pillars, in coal mining, to the damage of the overlying estate. In 1901 the Blubaker Coal Company was the owner in fee of all the coal in a certain tract of land in Carroll Township, Cambria County, consisting of a “D” seam and an “E” seam, the latter being about 40 feet above the former. That year the company made a lease of the “D” seam or vein to defendant’s predecessor, containing the words, “grant, demise and let unto the said parties of the second part, the rights and privileges to mine and take away…
2Cases cited17 opinions
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Tustin v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1915
- Sternbergh v. BrockSupreme Court of Pennsylvania · 1909
- Coleman v. ChadwickSupreme Court of Pennsylvania · 1876
- Penman v. JonesSupreme Court of Pennsylvania · 1917
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3Cited by15 opinions
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Atchison v. United Presbyterian Board of PublicationSupreme Court of Pennsylvania · 1920
- Rochester & Pittsburgh Coal & Iron Co. v. Makoma Coal Co.Supreme Court of Pennsylvania · 1921
- Linck v. PlankenhornSupreme Court of Pennsylvania · 1926
- American Dressler Tunnel Kilns, Inc. v. HoltSupreme Court of Pennsylvania · 1920
10 more not listed; retrieve them via the Exa API.