Little v. Greek
Supreme Court of Pennsylvania
Appeal, No. 97, Oct. T., 1911, by defendant, from judgment of C. P. Washington Co., Aug. T., 1910, No. 222, on verdict for plaintiff in case of James D. Little and Lloyd L. Little, for use of J. Y. H. Cook & Sons, Samuel C. Cook and Rowley M. Cook, partners under the name and style of J. V. H. Cook & Sons, v. John M. Greek. Trespass for treble damages under the Act of May 8, 1876, P. L. 142, for mining on plaintiff’s land.
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Appeal, No. 97, Oct. T., 1911, by defendant, from judgment of C. P. Washington Co., Aug. T., 1910, No. 222, on verdict for plaintiff in case of James D. Little and Lloyd L. Little, for use of J. Y. H. Cook & Sons, Samuel C. Cook and Rowley M. Cook, partners under the name and style of J. V. H. Cook & Sons, v. John M. Greek. Trespass for treble damages under the Act of May 8, 1876, P. L. 142, for mining on plaintiff’s land. Before McIlvaine, P. J. The opinion of the Supreme Court states the case. Errors assigned were various rulings on evidence, etc., discussed in the opinion of the Supreme…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This suit was brought to recover treble damages under the Act of May 8, 1876, P. L. 142, for coal mined and removed from that portion of the leased tract which had been reserved for the protection of the farm buildings. After describing the coal excepted from the grant, it was expressly provided, “which coal is hereby reserved for the protection of the farm buildings and within which no opening shall be made, and upon which no mining operations shall be carried on.” The lessee accepted the grant subject to the exception, or reservation, whichever it may be…
2Cases cited4 opinions
- Kister v. ReeserSupreme Court of Pennsylvania · 1881
- Whitaker v. BrownSupreme Court of Pennsylvania · 1864
- Safe Deposit & Trust Co. v. Bovaird & Seyfang Manufacturing Co.Supreme Court of Pennsylvania · 1910
- Hoffman v. DannerSupreme Court of Pennsylvania · 1850
3Cited by4 opinions
- Logan v. WileySupreme Court of Pennsylvania · 1947
- Laidley v. RoweSupreme Court of Pennsylvania · 1923
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Hilty v. Saltsburg Coal Mining Co.Superior Court of Pennsylvania · 1913