Charnetski v. Miners Mills Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 427, Jan. T., 1921, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1916, No. 761, on verdict for defendant, in case of Charles Charnetski, administrator of estate of Paulina Charnetski, v. Miners Mills Coal Mining Co. Trespass for injuries to land resulting from withdrawal of vertical support. Before Fuller, P. J. The opinion of the Supreme Court states the facts. The court gave binding instructions for defendant. Verdict and judgment for defendant.
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Appeal, No. 427, Jan. T., 1921, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1916, No. 761, on verdict for defendant, in case of Charles Charnetski, administrator of estate of Paulina Charnetski, v. Miners Mills Coal Mining Co. Trespass for injuries to land resulting from withdrawal of vertical support. Before Fuller, P. J. The opinion of the Supreme Court states the facts. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned, inter alia, was instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff, as administrator of the estate of Paulina Charnetski, deceased, who owned a lot of ground in Luzerne County on which was erected a hotel and other buildings, sued to recover damages for injury to the premises, resulting from the withdrawal by defendant of vertical support in mining the underlying coal. Defendant denied, inter alia, that plaintiff’s decedent had the right of support, averring siich right had been waived by her predecessors in title. At the trial plaintiff offered in evidence all deeds in the line of title of both surface and minerals…
2Cases cited3 opinions
- Graff Furnace Co. v. Scranton Coal Co.Supreme Court of Pennsylvania · 1914
- Penman v. JonesSupreme Court of Pennsylvania · 1917
- Robinson v. Boynton Coal Co.Superior Court of Pennsylvania · 1914
3Cited by18 opinions
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Peters Township School District v. The Hartford Accident and Indemnity CompanyCourt of Appeals for the Third Circuit · 1987
- Commonwealth v. FitzmartinSupreme Court of Pennsylvania · 1954
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
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