Penn Gas Coal Co. v. Versailles Fuel Gas Co.
Supreme Court of Pennsylvania
APPEALS BY PLAINTIFFS FROM' THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, IN EQUITY. Nos. 20, 21 October Term 1890, Sup. Ct.; * court below, numbers and term not given.
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APPEALS BY PLAINTIFFS FROM' THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, IN EQUITY. Nos. 20, 21 October Term 1890, Sup. Ct.; * court below, numbers and term not given. On November 18, 1889, the Penn Gas Coal Company filed its bill in equity against the Versailles Fuel Gas Company in substance averring: That the plaintiff was the owner in fee of the coal underlying certain tracts of land in Westmoreland county ; that the acquisition of its title to the coal was accompanied with the privilege to make drains on the surface and air holes, and from time to time to change the drains and air…
1Opinion of the Court
Opinion,
Me. Justice Williams:
The coal companies are the owners of the coal under a large body of land in Westmoreland county, the surface of which belongs to others. In granting the coal, the owners of the land released their right to the support of the surface, so that the *532coal companies have the right to remove all the coal without regard to the effect of such removal on the surface. ' The gas company desires to lay its main line foi’ the transportation of natural gas or fuel upon and across -these lands. The transportation of natural gas has been declared a public use and the right of…
2Cases cited4 opinions
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Searle v. Lackawanna & Bloomsburg RailroadSupreme Court of Pennsylvania · 1859
- Reading & Pottsville R. v. BalthaserSupreme Court of Pennsylvania · 1888
- Carlin & Co. v. ChappelSupreme Court of Pennsylvania · 1882
3Cited by25 opinions
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Pennsylvania Services Corp. v. Texas Eastern Transmission, LPSuperior Court of Pennsylvania · 2014
- H. C. Frick Coke Co. AppealSupreme Court of Pennsylvania · 1945
- Cochran Coal Co. v. Municipal Management Co.Supreme Court of Pennsylvania · 1955
- Glen Alden Coal Company CaseSupreme Court of Pennsylvania · 1944
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