Weisfield v. Beale
Supreme Court of Pennsylvania
Appeal, No. 19, Oct. T., 1911, by plaintiff, from judgment of Superior Court, April T., 1910, No. 133, reversing judgment of C. P. Armstrong Co., Sept. T., 1908, No. 168, and entering judgment non obstante veredicto for defendant in case of C. A. Weisfield v. Joseph G. Beale. Appeal from Superior Court. See 44 Pa. Superior Ct. 386. Trespass in the common pleas to recover damages for unlawful transportation of coal over surface of land.
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Appeal, No. 19, Oct. T., 1911, by plaintiff, from judgment of Superior Court, April T., 1910, No. 133, reversing judgment of C. P. Armstrong Co., Sept. T., 1908, No. 168, and entering judgment non obstante veredicto for defendant in case of C. A. Weisfield v. Joseph G. Beale. Appeal from Superior Court. See 44 Pa. Superior Ct. 386. Trespass in the common pleas to recover damages for unlawful transportation of coal over surface of land. Before Patton, P. J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1.00. On appeal the Superior Court entered…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff in this case purchased the surface of the Donley tract of land, subject to the right of the defendant, the owner of the coal under the tract, to have, as expressed in the deed, “free ingress and free egress over and through the land of the first party, so as to allow the said party of the second part, his heirs and assigns, to take out and carry off the said coal or coals as he or they may consider necessary, with the right and privilege to use the entries for any purpose, and to erect, make and keep in repair such roads, scaffolds and other fixtures…
2Cases cited6 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Webber v. VogelSupreme Court of Pennsylvania · 1899
- Duffield v. Rosenzweig, Pennsylvania Court of Common Pleas, Warren County1891
- Collins v. BeattySupreme Court of Pennsylvania · 1892
- Truby v. American Natural Gas Co.Superior Court of Pennsylvania · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Westerman v. Pennsylvania Salt Manufacturing Co.Supreme Court of Pennsylvania · 1918
- Fisher v. West Virginia Coal & Transportation Co.West Virginia Supreme Court · 1952
- Everly v. Shannopin Coal Co.Superior Court of Pennsylvania · 1939
- Middleton v. Harlan-Wallins Coal Corp.Court of Appeals of Kentucky (pre-1976) · 1933
6 more not listed; retrieve them via the Exa API.