Oak Ridge Coal Co. v. Rogers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1884, No. 209. This was an action of trespass quare clausum fregit, by Mary Rogers against tbe Oak Ridge Coal Company, limited, a partnership association, limited, organized under the Act of June 2d,' 1874, to recover damages for the unlawful entry of defendant upon her lands, and for mining coal therefrom and converting the same to defendant’s use.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1884, No. 209. This was an action of trespass quare clausum fregit, by Mary Rogers against tbe Oak Ridge Coal Company, limited, a partnership association, limited, organized under the Act of June 2d,' 1874, to recover damages for the unlawful entry of defendant upon her lands, and for mining coal therefrom and converting the same to defendant’s use. The narr. averred that the defendant “ well knew that the last mentioned close and the coal therein were not the property of said defendant, but that…
1Opinion of the CourtChief Justice Mercur
This action .of trespass was brought under Section 1 of the Act of 8th May, 1876: Pur. Ann. Dig. 2000, pi. 9. The section consists of two parts. The first part declares if any person or corporation shall mine or dig out any coal, iron or other minerals, knowing the same to be upon the lands of another person or corporation without the consent of the owner, the person or corporation so offending shall be guilty of a misdemeanor, and on conviction thereof shall be fined or imprisoned, as therein provided. The other part proceeds: “And the person or corporation so offending .shall be further…
2Cited by9 opinions
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Haiku Sugar Co. v. JohnstoneCourt of Appeals for the Ninth Circuit · 1918
- Roncace v. Welsh (Yurkovsky)Superior Court of Pennsylvania · 1940
- Stevens v. Phila. Ball-Club, Pennsylvania Court of Common Pleas, Philadelphia County1891
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