Friedline v. Hoffman
Supreme Court of Pennsylvania
Appeal, No. 109, Oct. T., 1921, by defendants, from decree of C. P. Somerset Co., Equity Docket 1919, No. 3, on bill in equity, in case of William Friedline v. Samuel S. Hoffman and W. D. Slagle. Bill in equity for an injunction.' The opinion of tbe Supreme Court states the facts. Injunction awarded. Defendants appealed. Error assigned, among others, was decree, quoting it.
1Opinion of the Court
Opinion by
Me. Justice Walling,
This suit in equity is to restrain the use of the surface of land in mining the underlying coal. In 1894, Martin L. Shaver, the owner of 144 acres of land in Somerset County, conveyed the coal in 55 acres thereof to C. U. Hileman et al., with full and complete right to enter upon and occupy so much of the surface as necessary for the successful mining and removal of the coal, and providing certain compensation to Shaver for land occupied or injured by such mining. In 1912, Shaver sold the surface of the entire 144 acres and 4 acres of the coal to William…
2Cases cited10 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Howell v. M'CoySupreme Court of Pennsylvania · 1832
- Greek v. WylieSupreme Court of Pennsylvania · 1920
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- Baker v. Pittsburg, Carnegie & Western RailroadSupreme Court of Pennsylvania · 1908
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