Collins v. Gleason Coal Co.
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. J. B. Whitaker, Judge. Action to recover damages for injury to tbe surface of land occasioned by the removal of coal from beneath it. There was a judgment for the plaintiff, from which the defendant appeals.
1Opinion of the CourtSherwin, J.
— The plaintiff is the owner of the surface of the land involved in this controversy, and the de*116féndant is the owner of the coal beneath- the same. The land was originally owned by S-. M. Devine, ■ who conveyed it with the following reservation: “Excepting and reserving to myself, the said S. M. Devine, the coal and other mineral underlying said land, with the right of access thereto and reasonable facilities for mining and removing the same.” In his petition the plaintiff avers his occupancy of the land for farming purposes, and that he has valuable improvements thereon, consisting of a…
2Cases cited14 opinions
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Griffin v. Coal Co.West Virginia Supreme Court · 1905
- Collinsville Granite Co. v. PhillipsSupreme Court of Georgia · 1905
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Lloyd v. Catlin Coal Co.Illinois Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Bridenstine v. Iowa City Electric Railway Co.Supreme Court of Iowa · 1917
- General Mills, Inc. v. PrallSupreme Court of Iowa · 1953
- Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
- Aetna Insurance Company v. Barnett Brothers, Incorporated, Barnett Brothers, Incorporated, Cross-Appellant v. Aetna Insurance CompanyCourt of Appeals for the Eighth Circuit · 1961
- Demotte v. WhybrowCourt of Appeals for the Second Circuit · 1920
29 more not listed; retrieve them via the Exa API.