Gordon v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 6, Jan. T., 1916, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1916, No. 7, in equity, refusing an injunction, in case of A. A. Gordon v. Delaware, Lackawanna and Western Railroad Company. Bill in equity for an injunction. The facts appear in the following opinion of- New-comb, J., sur demurrer to plaintiff’s bill: The principal relief prayed for is injunction to restrain defendant from mining out its coal beneath plaintiff’s lot.
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Appeal, No. 6, Jan. T., 1916, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1916, No. 7, in equity, refusing an injunction, in case of A. A. Gordon v. Delaware, Lackawanna and Western Railroad Company. Bill in equity for an injunction. The facts appear in the following opinion of- New-comb, J., sur demurrer to plaintiff’s bill: The principal relief prayed for is injunction to restrain defendant from mining out its coal beneath plaintiff’s lot. The suit arises out of a case of divided ownership as between the surface and the underlying mineral estate. The Pawnee Coal Company is…
1Opinion of the Court
Per Curiam,
This decree is affirmed on the opinion of the learned chancellor below dismissing plaintiff’s bill. He properly regarded Kirwin v. R. R. Co., 219 Pa. 98, as a controlling authority for his action.
Decree affirmed at appellant’s costs.
2Cases cited1 opinion
- Hartenstine v. United Telephone & Telegraph Co.Supreme Court of Pennsylvania · 1907
3Cited by8 opinions
- Commonwealth v. FitzmartinSupreme Court of Pennsylvania · 1954
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Valley Smokeless Coal Co. v. Manufacturers' Water Co.Supreme Court of Pennsylvania · 1928
- Corcoran v. Franklin County Coal Co.Appellate Court of Illinois · 1928
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
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