Legal Opinion

Horner v. Watson

Supreme Court of Pennsylvania

Decided October 7, 1875PublishedCited by 18 opinions

Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 231. These were two actions on the case brought by Robert Watson and James Watson against Simpson Horner and John A. Wood. One was to June Term 1867 and the other to December Term 1870 of the court below. The parties were adjoining owners of coal mines in Baldwin township, Allegheny county.

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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 231. These were two actions on the case brought by Robert Watson and James Watson against Simpson Horner and John A. Wood. One was to June Term 1867 and the other to December Term 1870 of the court below. The parties were adjoining owners of coal mines in Baldwin township, Allegheny county. The cause of action in each, was the flooding the plaintiffs’ mine with water, which, by the negligence of the defendants, was permitted to flow from their mine. The two actions were consolidated and tried as…

1Opinion of the CourtJustice Gordon

The rights of both the plaintiffs and defendants, who hold adjacent coal fields, are derived from a common grantor, James H. Hays. The title of the defendants ante-dates that of the plaintiffs, hence, it is not controverted but that any right or privilege, directly conferred, by the deed or articles of Hays to the vendors of the former, or which, by necessary construction or implication, arises therefrom, must dominate any conflicting right or privilege found in the conveyance to the plaintiffs. They must take subject to the precedent grant. If, then, the defendants, Horner, Wood & Co., had…

2Cited by18 opinions

  1. Clinchfield Coal Corp. v. ComptonSupreme Court of Virginia · 1927
  2. Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
  3. Williams v. HaySupreme Court of Pennsylvania · 1888
  4. Penman v. JonesSupreme Court of Pennsylvania · 1917
  5. Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907

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