McGonigle v. Saint Clair Coal Co.
Superior Court of Pennsylvania
Appeal, No. 284, Oct. T., 1918, by plaintiffs, from decree of C. P. Schuylkill Co., sitting in equity, March T., 1918, No. 2, dissolving preliminary injunction in the case of James McGonigle, for himself and in behalf of Bridget McKernan, Edward Mc-Gonigle, Sophia McNulty, Mary Donnelly and William McGonigle v. The Saint Clair Coal Company. Bill in equity to enjoin the diversion of waters of a stream. Before Berger, J. The opinion of the Superior Court states the case.
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Appeal, No. 284, Oct. T., 1918, by plaintiffs, from decree of C. P. Schuylkill Co., sitting in equity, March T., 1918, No. 2, dissolving preliminary injunction in the case of James McGonigle, for himself and in behalf of Bridget McKernan, Edward Mc-Gonigle, Sophia McNulty, Mary Donnelly and William McGonigle v. The Saint Clair Coal Company. Bill in equity to enjoin the diversion of waters of a stream. Before Berger, J. The opinion of the Superior Court states the case. The court dissolved the preliminary injunction and certified the case to the court of common pleas, under the provisions of…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiffs filed their bill alleging they were the owners of certain real estate therein described which was improved with a stone dwelling house used by one of them as a residence. The defendant was and is a corporation engaged in the mining, preparing for market and shipping coal. In the operation of its work, it drew from a natural stream called Mill creek a portion of the waters thereof and used them in washing coal. This water, after being thus used, together with other water drawn from the mines of the defendant, was carried to a sump or settling tank and then by…
2Cases cited2 opinions
- Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
- Maust v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908