Trustees of the Proprietors of Kingston v. Lehigh Valley Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 128, Jan. T., 1912, by defendant from decree of C. P. Luzerue Co., Oct. T., 1910, No. 8, on bill in equity for an injunction in case of Trustees of the Proprietors of Kingston v. Lehigh Valley Coal Company. Bill in equity for an injunction. The opinion of the Supreme Court states the case. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The questions involved in this appeal, as stated by the defendant, the appellant here, are (a) whether the lease made to Bennett in 1821, the operative words being “demise, set and to farm let,” was a lease of the surface only, to be used for agricultural purposes merely, or a lease of the entire solum without impeachment of waste, and (b) whether the plaintiff can restrain the use of the underground passageways, made by appellant in mining the coal, for the removal of coal from other lands, the tenant in possession not objecting and no harm being done to the…
2Cases cited4 opinions
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Beatty v. HarrisSupreme Court of Pennsylvania · 1903
- Byrne v. BoyleSupreme Court of Pennsylvania · 1860
- Page v. LytleSupreme Court of Pennsylvania · 1910
3Cited by4 opinions
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Norfolk Southern Railway Co. v. Pittsburgh & West Virginia RailroadDistrict Court, W.D. Pennsylvania · 2015
- Trustees of the Proprietors v. Kingston Coal Co.Supreme Court of Pennsylvania · 1919
- Zbyszinsky v. LopopoloSuperior Court of Pennsylvania · 1933