Breisch v. Locust Mountain Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 289, Jan. T., 1919, by plaintiffs, from decree of C. P. Schuylkill Co., in equity, Nov. T., 1913, No. 3, refusing injunction in the case of Emanuel Breisch et al., supervisors of Union Township, Schuylkill Co., Pennsylvania, v. Locust Mountain Coal Co. et al. Bill in equity to enjoin defendant from excavating coal in highway.
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Appeal, No. 289, Jan. T., 1919, by plaintiffs, from decree of C. P. Schuylkill Co., in equity, Nov. T., 1913, No. 3, refusing injunction in the case of Emanuel Breisch et al., supervisors of Union Township, Schuylkill Co., Pennsylvania, v. Locust Mountain Coal Co. et al. Bill in equity to enjoin defendant from excavating coal in highway. Before Berger, J. Statement of facts by Mr. Justice Kephart: Krebs Road in Union Township was a much traveled public highway from the Borough of Shenandoah to Krebs Station, near Ringtown, Schuylkill County. Along both sides and under this road the Locust…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
It is admitted defendants are the owners in fee of the coal underlying and on either side of the public highway, as it affects the present case. There is nothing to *550show how Krebs Road originally became a public highway. If, in the original taking, the right of property in any aspect had been injuriously affected, the ownei would have been entitled to damages; but, as the ownership of the coal is not in dispute, it is clear that when the road was laid out the owner had full dominion and control over the coal with the right of an absolute owner to it, subject,…
2Cases cited4 opinions
- City of Pittsburg v. Epping-Carpenter Co.Supreme Court of Pennsylvania · 1900
- Reimer's AppealSupreme Court of Pennsylvania · 1882
- Bradford v. New York & Pennsylvania Telephone & Telegraph Co.Supreme Court of Pennsylvania · 1903
- Mint Realty Co. v. WanamakerSupreme Court of Pennsylvania · 1911
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- Adams v. Commissioners of TrappeCourt of Appeals of Maryland · 1954
- Midland B. v. Steubenville, Co.Supreme Court of Pennsylvania · 1930
- St. Clair Area School District Board of Education v. E.I. AssociatesCommonwealth Court of Pennsylvania · 1999
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