Miles v. Pennsylvania Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 77, Jan. T., 1907, by plaintiffs, from decree of C. P. Lackawanna Co., Jan. T., 1906, No. 2, dismissing bill in equity in case of William Miles et. al., v. The Pennsylvania Coal Company. Bill in equity for an injunction. The facts are stated in tlie opinion of the Supremo Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
By an agreement in writing dated November 23, 1880, the plaintiffs, or those under whom they claim, demised, leased and to mine let to the defendant company “ all the merchantable coal lying and being in the veins in, under and upon” a certain described tract of land in what was then Lackawanna township, Luzerne county, this state. The defendant companjq by virtue of this authority, mined and removed two-thirds of the coal, leaving the one-third thereof in the shape of pillars which support the surface. The company was proceeding to mine and remove the pillar’s…
2Cases cited4 opinions
- Williams v. HaySupreme Court of Pennsylvania · 1888
- Scranton v. PhillipsSupreme Court of Pennsylvania · 1880
- Youghiogheny River Coal Co. v. Allegheny National BankSupreme Court of Pennsylvania · 1905
- Miles v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1906
3Cited by16 opinions
- Greek Catholic Congregation v. PlummerSupreme Court of Pennsylvania · 1940
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Stilley v. Pittsburgh-Buffalo Co.Supreme Court of Pennsylvania · 1912
- Lenox Coal Co. v. Duncan-Spangler Coal Co.Supreme Court of Pennsylvania · 1920
- Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925
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