Guzzi v. Delaware & Hudson Co.
Superior Court of Pennsylvania
Appeal, No. 28, March T., 1915, by defendant, from decree of O. P. Lackawanna Co., March T., 1913, No. 5, dismissing bill in equity in case of Teresa Guzzi v. The Delaware & Hudson Company. Bill in equity for an injunction and for an accounting. Before Edwards, P. J. The court found the facts to be as follows: 1. Plaintiff is the owner of the surface of a lot of land situate on Hospital street in the City of Carbondale.
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Appeal, No. 28, March T., 1915, by defendant, from decree of O. P. Lackawanna Co., March T., 1913, No. 5, dismissing bill in equity in case of Teresa Guzzi v. The Delaware & Hudson Company. Bill in equity for an injunction and for an accounting. Before Edwards, P. J. The court found the facts to be as follows: 1. Plaintiff is the owner of the surface of a lot of land situate on Hospital street in the City of Carbondale. The size of the lot is about 35 feet by 95 feet, and on it there are two buildings, one built of concrete mostly, and used for a store and dwelling; and, on the rear of the…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff filed this bill in equity against the defendant corporation praying: first for an injunction to restrain it from the further mining of coal under cer*53tain premises averred to belong to her without leaving sufficient support for the surface; second, that an account be taken of the damages already sustained from said mining and a decree be entered requiring the defendant to pay the same. In her bill she first averred that she was the owner in fee simple of a certain tract of land in the City of Carbondale, the boundaries of which are set forth. She then admitted…
2Cases cited3 opinions
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Strayer ex rel. Keller v. JohnsonSupreme Court of Pennsylvania · 1885
- Miller v. DitlingerSupreme Court of Kansas · 1909
3Cited by4 opinions
- Behrens v. SkellyCourt of Appeals for the Third Circuit · 1949
- Behrens v. SkellyDistrict Court, W.D. Pennsylvania · 1948
- Guzzi v. Delaware & H. Co.Court of Appeals for the Third Circuit · 1920
- Guzzi v. Delaware & Hudson Co.District Court, M.D. Pennsylvania · 1919