Youghiogheny River Coal Co. v. Allegheny National Bank
Supreme Court of Pennsylvania
Appeal, No. 108, Oct. T., 1904, by-plaintiff, from order of C. P. No. 2, Allegheny Co., Jan. T., 1903, No. 997, sustaining defendant’s demurrer in case of The Youghiogheny River Coal Co. v. The Allegheny National Bank et al. Assumpsit on a contract of indemnity. Demurrer to statement. The pleadings are fully set forth in the opinion of the Supreme Court. The court in an opinion by Shaeer, J., sustained the demurrer. Error assigned was in sustaining the demurrer.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The defendants were the owners of certain coal lands in Westmoreland county, conveyed to their predecessor in title in 1862, by the following grant: “ All the main working vein of coal underlying the farm on which party of the first part *322resides, situate in Sewieldey township, Westmoreland county, Pennsylvania, etc. . . . With the right to take and carry away said coal with the- privilege to air and drain his openings while taking out and for any other purpose that he, or his assigns, may need said openings for.” After the conveyance of the coal, the owner of…
2Cases cited5 opinions
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Coleman v. ChadwickSupreme Court of Pennsylvania · 1876
- Carlin & Co. v. ChappelSupreme Court of Pennsylvania · 1882
- Horner v. WatsonSupreme Court of Pennsylvania · 1875
- Pringle v. Vesta Coal Co.Supreme Court of Pennsylvania · 1896
3Cited by20 opinions
- Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Penman v. JonesSupreme Court of Pennsylvania · 1917
- Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907
- Dougherty, Tr. v. Thomas, Exr.Supreme Court of Pennsylvania · 1933
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