Trustees of the Proprietors v. Lehigh Valley Coal Co.
Supreme Court of Pennsylvania
Cross appeal, No. 9, Jan. 9., 1913, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 486, on verdict for plaintiff in case of The Trustees of the Proprietors of Kingston v. The Le-high Valley Coal Company. Trespass to recover damages for coal unlawfully mined and converted to defendant’s use.
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Cross appeal, No. 9, Jan. 9., 1913, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 486, on verdict for plaintiff in case of The Trustees of the Proprietors of Kingston v. The Le-high Valley Coal Company. Trespass to recover damages for coal unlawfully mined and converted to defendant’s use. Before Strauss, J. The facts appear in the opinion of the Supreme Court and in Trustees of Kingston v. L. V. C. Co. (No. 1), 241 Pa. 469. Verdict for plaintiff for $101,864.51, and judgment thereon. Plaintiff appealed. Errors assigned were various rulings of the trial judge, and…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
From the judgment entered by the court below in the present case both parties appealed. The appeal by the defendant was disposed of in an opinion just handed down. This is a cross appeal by the plaintiff. It is urged that the royalty value of the coal fixed by the court below was not a proper measure of its value in place, and that plaintiff was entitled to recover the value of the coal at the pit’s mouth, deducting therefrom the cost of mining and haulage. We have already disposed of this question in the former appeal, and but littie can be added to the discussion…
2Cases cited5 opinions
- Stevenson v. Ebervale Coal Co.Supreme Court of Pennsylvania · 1902
- Pierce v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
- Wright v. Warrior Run Coal Co.Supreme Court of Pennsylvania · 1897
- Rhoads v. Quemahoning Coal Co.Supreme Court of Pennsylvania · 1913
- Little v. GreekSupreme Court of Pennsylvania · 1912
3Cited by10 opinions
- Mississippi Power Co. v. HarrisonMississippi Supreme Court · 1963
- E. M. Fleischmann Lumber Corp. v. Resources Corp. InternationalDistrict Court, D. Delaware · 1953
- Sechrist v. BowmanSupreme Court of Pennsylvania · 1932
- Brewer v. Blue Mountain Consolidated Water Co.Superior Court of Pennsylvania · 1937
- Givens v. W. J. Gilmore Drug Co.Supreme Court of Pennsylvania · 1940
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