Hilty v. Saltsburg Coal Mining Co.
Superior Court of Pennsylvania
Appeal, No. 182, April T., 1912, by defendant, from judgment of C. P. Indiana Co., June T., 1911, No. 260, on verdict for plaintiff in case of George C. Hilty v. Saltsburg Coal Mining Company. Trespass to recover treble damages for the wrongful mining of coal.
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Appeal, No. 182, April T., 1912, by defendant, from judgment of C. P. Indiana Co., June T., 1911, No. 260, on verdict for plaintiff in case of George C. Hilty v. Saltsburg Coal Mining Company. Trespass to recover treble damages for the wrongful mining of coal. Before Telford, P. J. At the trial R. H. Wilson, a mining engineer and witness for the plaintiff, was asked this question: “Q. State whether or not you know the value of coal in the market in the neighborhood?” Objected to as incompetent, the witness having already testified to the market price of coal in place. The Court: Objection…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff was the owner of a tract of land in Indiana county which is underlaid by the Pittsburg vein of coal. The plaintiff owned the coal underlying two acres of his land, and title to the coal underlying the remainder of the tract was in the defendant company. The defendant company in its mining operations, in the years 1908 and 1909, drove four entries or headings through the coal owned by the plaintiff, without the consent of the latter. The plaintiff brought this action to recover *111damages for the trespass, averring that the defendant company had knowingly mined…
2Cases cited1 opinion
- Little v. GreekSupreme Court of Pennsylvania · 1912
3Cited by2 opinions
- Menhennet v. DavisSuperior Court of Pennsylvania · 1919
- Giudicy v. Giudicy Marble, Terrazzo & Tile Co.Supreme Court of Missouri · 1959