Smith v. Benjamin Coal Co.

VAN der VOORT, Judge:

Appellant, the owner of coal rights, brought an action in Equity to enjoin the strip-mining of her coal by defendant, Benjamin Coal Company, and to recover damages for coal already removed by defendant. Mr. R. Edward Ferraro claimed ownership of the coal and leased the coal to Benjamin but “only to the extent that . . . LESSOR owns and may lease the same”. Mr. Ferraro was permitted to intervene in the case as an additional defendant.

Trial was bifurcated as to the issues of ownership and damages. The ownership issue was resolved in favor of appellant by stipulation of the…