Kuhn v. Fairmont Coal Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Northern District of West Virginia, at Clarksburg, W. Va. Barton.
Read the full summary
In Error to the Circuit Court of the United States for the Northern District of West Virginia, at Clarksburg, W. Va. Barton. W. ICubn, the plaintiff in error, instituted his action in the Circuit Court of the United States for the Northern District of West Virginia against Fainnont Coal Company, alleging in substance that the plaintiff had sold to J. N. Camden the coal under a tract of land; that by conveyance from Camden the coal had become the property of the defendant Fair-mont Coal Company, and that in removing the coal the defendant had not left pillars to sustain the surface in its…
1Opinion of the Court
Pritchard, Circuit Judge:
This case was heard at the November Term (1907) of this court, and, after argument, the court (in pursuance of section 6 of the Act of March 3, 1891, establishing the Circuit Court of Appeals), on its own motion, certified to the Supreme Court the question as to whether this court is bound by thet decision of the Supreme Court of Appeals of West Virginia in the case of Griffin v. Fairmont Coal Company, decided by that court at its November Term (1905) and reported in 59 West Virginia, 480, in which it was held:
“1. Deeds conveying coal with right of removal should be…
2Cases cited27 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
22 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- North East Coal Co. v. PickelsimerCourt of Appeals of Kentucky (pre-1976) · 1934
- Winnings v. Wilpen Coal Co.West Virginia Supreme Court · 1950
- Highland Park Mfg. Co. v. SteeleCourt of Appeals for the Fourth Circuit · 1916
- Marquette Cement Mining Co. v. Oglesby Coal Co.District Court, N.D. Illinois · 1918
- Simmers v. Star Coal & Coke Co.West Virginia Supreme Court · 1933
3 more not listed; retrieve them via the Exa API.