Lewey v. H. C. Fricke Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 46, Oct. T., 1894, by plaintiff, from judgment of C. P. Westmoreland Co., Aug. T., 1892, No. 123, on verdict for defendant. Mitchell, J., dissents. Trespass for illegal mining of coal. Plaintiff in his statement of claim averred that defendant had entered into and under the surface of plaintiff's land, and, disregarding plaintiff’s rights, had mined and converted to its own use coal to the value of thirty thousand dollars.
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Appeal, No. 46, Oct. T., 1894, by plaintiff, from judgment of C. P. Westmoreland Co., Aug. T., 1892, No. 123, on verdict for defendant. Mitchell, J., dissents. Trespass for illegal mining of coal. Plaintiff in his statement of claim averred that defendant had entered into and under the surface of plaintiff's land, and, disregarding plaintiff’s rights, had mined and converted to its own use coal to the value of thirty thousand dollars. Defendant pleaded not guilty, and at the trial claimed that the case was barred by the statute of limitations. The evidence showed that the coal was mined in…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The legal question on which this appeal depends is beset with difficulty. The interests to be affected by it must increase in magnitude as the value of the minerals, in which this state abounds, increases. It is not directly ruled by any of our own cases and we are at liberty to treat it as a question of first impression. The facts are not in dispute. The plaintiff is the owner in fee simple of a lot of land lying in the outskirts of the borough of Connellsville containing about one acre and a quarter. This lot is underlaid with coal which has not been severed…
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