Griffin v. Delaware & Hudson Co.
Supreme Court of Pennsylvania
Appeal, No. 283, Jan. T., 1916,-by defendant, from order of C. P. Lackawanna Co., Nov. T., 1912, No. 710, dismissing exceptions to report of referee, in case of Edmund R. Griffin, Gertrude Groat, John Griffin, Emma E. Koehler, Clara S. Smith, Benjamin Griffin, and Clarence Griffin v. The Delaware and Hudson Company. Trespass for removing coal from land claimed by plaintiffs. Exceptions to report and supplemental report of referee.
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Appeal, No. 283, Jan. T., 1916,-by defendant, from order of C. P. Lackawanna Co., Nov. T., 1912, No. 710, dismissing exceptions to report of referee, in case of Edmund R. Griffin, Gertrude Groat, John Griffin, Emma E. Koehler, Clara S. Smith, Benjamin Griffin, and Clarence Griffin v. The Delaware and Hudson Company. Trespass for removing coal from land claimed by plaintiffs. Exceptions to report and supplemental report of referee. Before Edwards, P. J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions. Defendant appealed. Errors assigned were in dismissing…
1Opinion of the Court
Opinion by
Me. Justice Pottee,
This was an action of trespass brought by Edmund R. Griffin et al. against the Delaware & Hudson Company, to recover damages for the entry by defendant on land of which plaintiffs claimed ownership, and for mining coal and taking it from such land. It is averred in plaintiffs’ statement of claim that 100,000 tons of coal were unlawfully removed by defendant between the year 1867 and the date of suit. The pleas were, not guilty and the statute of limitations.
By agreement of the parties the case was referred to Hon. R. W. Aechbald, who, after a full hearing, filed a…
2Cases cited9 opinions
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Wilkinson v. ConnellSupreme Court of Pennsylvania · 1893
- Weisfield v. BealeSupreme Court of Pennsylvania · 1911
- Collins v. BeattySupreme Court of Pennsylvania · 1892
- Vanderslice v. DonnerSuperior Court of Pennsylvania · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Potts Run Coal Co. v. Benjamin Coal Co.Superior Court of Pennsylvania · 1981
- Humes v. KramerSupreme Court of Pennsylvania · 1926
- Hartley v. SpencerSuperior Court of Pennsylvania · 1921
- Roncace v. Welsh (Yurkovsky)Superior Court of Pennsylvania · 1940
- Heaton v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1929
2 more not listed; retrieve them via the Exa API.