Farrar v. Pittsburg & Eastern Coal Co.
Superior Court of Pennsylvania
Appeal, No. 217, April T., 1905, by defendants, from judgment of C. P. Washington Co., Feb. Term, 1904, No. 1, for plaintiff on ease tried by the court without a jury in suit of S. C. Farrar and J. W. Farrar v. Pitts-burg & Eastern Coal Company. Trespass to recover damages for injuries to land.
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Appeal, No. 217, April T., 1905, by defendants, from judgment of C. P. Washington Co., Feb. Term, 1904, No. 1, for plaintiff on ease tried by the court without a jury in suit of S. C. Farrar and J. W. Farrar v. Pitts-burg & Eastern Coal Company. Trespass to recover damages for injuries to land. The case was tried by Taylor, J., by agreement of the parties without a jury under the Act of April 22, 1874, P. L. 109. Taylor, J., filed the following opinion: EACTS EOUND. 1. That the plaintiffs are the joint owners of the surface of a tract of land in Smith township, Washington County,…
1Opinion of the Court
Opinion by
Morrison,
This is an action of trespass brought by the plaintiffs to recover damages from the defendant caused by the construction and operation of a railroad over the surface of certain lands owned by the plaintiffs, they having conveyed to the defendant all of the coal underlying the same with the rights and privileges contained in the following clause in the deed : “ Together with the free and uninterrupted right of way into, upon and under said land at such points and in such manner as may be proper and necessary for the purpose of digging, mining, coking, ventilating, draining…
2Cited by3 opinions
- Westerman v. Pennsylvania Salt Manufacturing Co.Supreme Court of Pennsylvania · 1918
- Blackburn v. Youghiogheny & Ohio Coal Co.Superior Court of Pennsylvania · 1933
- Shaulis v. Quemahoning Creek Coal Co.Supreme Court of Pennsylvania · 1919