Livengood v. Stauffer
Superior Court of Pennsylvania
Appeal, No. 131, April T., 1906, by plaintiff, from decree of C. P. Fayette Co., No. 400, in equity, dismissing bill in equity in case of A. S. Livengood v. Joseph R. Stauffer, James W. Wiley, Stauffer & Wiley, H. C. Frick Coke Co., American Sheet Steel Co. Bill in equity for an injunction. Before Reppert, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff is the owner of ninety-two acres of land in Fayette county, which is subject to the mining rights of the defendants Stauffer & Wiley, who own the coal and other minerals underlying thirty-three acres of said tract and have for many years operated a mine in said coal, known as the Home Works, in connection with a coke plant. The coal and land were both formerly owned by Jacob Sherrick, who in 1878 opened the mine and built the coke works and continued to operate them for some time. Sherrick adopted as the plan for freeing the mine from water a drain some 300…
2Cases cited11 opinions
- Huff v. McCauleySupreme Court of Pennsylvania · 1866
- M'Kellip v. M'IlhennySupreme Court of Pennsylvania · 1835
- Carr v. WallaceSupreme Court of Pennsylvania · 1838
- Woods v. WilsonSupreme Court of Pennsylvania · 1861
- Thompson v. McElarneySupreme Court of Pennsylvania · 1876
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3Cited by2 opinions
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Criswell v. HulingsSuperior Court of Pennsylvania · 1938