McCabe v. Watt
Supreme Court of Pennsylvania
Appeal, No. 27 Jan. T., 1909, by plaintiffs, from decree of C. P. Lackawanna Co., March T., 1908, No. 10, dismissing bill in equity in case of John McCabe et al. and City of Carbondale v. W. W. Watt and The Finn Company. Bill in equity for mandatory injunction. The facts appear by the opinion of the Supreme Court, and by the report of the previous case. The court entered a decree dismissing the bill as to W. W. Watt. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
What was said in the opinion filed in the appeal of The Finn Coal Company, ante, p. 253, applies generally to this case. In addition it may be said that the appellee, Watt, is not at fault. He did not start the fire and is in no way responsible for its burning. He, an owner of the surface, in common with other adjacent owners of the soil, may and no doubt will, suffer great loss on account of the burning coal stratum. But what has he *261done or left undone to be subjected to the burdens imposed by a mandatory injunction? Nothing. No one would seriously contend that a…
2Cited by4 opinions
- Cameron v. City of CarbondaleSupreme Court of Pennsylvania · 1910
- Bonzer v. Commonwealth, Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1982
- In re Gossett, Pennsylvania Environmental Hearing Board1972
- Reading School District v. Consumers' Gas Co., Pennsylvania Court of Common Pleas, Berks County1922