Matulys v. Philadelphia & Reading Coal & Iron Co.
Supreme Court of Pennsylvania
Appeal, No. 301, Jan. T., 1900, by defendant, from judgment of C. P. Northumberland Co., Dec. T., 1898, No 4, on verdict for plaintiff in case of Susan'Matulys v. Philadelphia and Heading Coal & Iron Company. Trespass for injuries caused to land by mining operations. At the trial it appeared that the defendant on May 25,1885, had conveyed to plaintiff certain lots in the borough of Mt. Carmel, reserving the minerals thereunder.
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Appeal, No. 301, Jan. T., 1900, by defendant, from judgment of C. P. Northumberland Co., Dec. T., 1898, No 4, on verdict for plaintiff in case of Susan'Matulys v. Philadelphia and Heading Coal & Iron Company. Trespass for injuries caused to land by mining operations. At the trial it appeared that the defendant on May 25,1885, had conveyed to plaintiff certain lots in the borough of Mt. Carmel, reserving the minerals thereunder. The terms of this deed and other facts in the case are stated in the opinion of the Supreme Court. The court charged in part as follows: [It is contended that the…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
In the two deeds from the appellant to the appellee for the *74lots to which the alleged injury has been done, the following reservations and conditions occur: “ Excepting and reserving to the said party of the first part, their lessees, tenants, or their successors and assigns, all the fossil or mineral coal, iron, and other ores that may be found under the surface of the earth within the boundaries of the above mentioned and described lot or piece of ground, with the entire right to mine, dig and carry away the same, and to pass into and through said land in all…
2Cases cited3 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- McGettigan v. PottsSupreme Court of Pennsylvania · 1892
3Cited by16 opinions
- Shenandoah Borough v. PhiladelphiaSupreme Court of Pennsylvania · 1951
- Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
- Home Brewing Co. v. Thomas Colliery Co.Supreme Court of Pennsylvania · 1922
- Malone v. PierceSupreme Court of Pennsylvania · 1911
- McClelland v. SchwerdSuperior Court of Pennsylvania · 1907
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