Legal Opinion

Pennsylvania Mining Co. v. Naomi Coal Co.

Superior Court of Pennsylvania

Decided July 28, 1904No. Appeal, No. 93Published

Appeal, No. 93, April T., 1904, by plaintiff, from judgment of O. P. Fayette Co., June T., 1903, No. 28, on verdict for plaintiff in case of Pennsylvania Mining Company v. Naomi Coal Company. Appeal from jury of view. Before Umbel, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions against the necessity of the road. Yerdict and judgment for plaintiff for $1,440.16. Defendant appealed.

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Appeal, No. 93, April T., 1904, by plaintiff, from judgment of O. P. Fayette Co., June T., 1903, No. 28, on verdict for plaintiff in case of Pennsylvania Mining Company v. Naomi Coal Company. Appeal from jury of view. Before Umbel, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions against the necessity of the road. Yerdict and judgment for plaintiff for $1,440.16. Defendant appealed. Error assigned was in refusing instructions for plaintiff against the necessity of the road.

1Opinion of the Court

Opinion by

Beaver, J.,

From Harvey v. Thomas, 10 Watts, 63, in which the lateral railroad Act of May 5, 1832, P. L. 501, was declared to be constitutional, to Frick Coke Co. v. Painter, 198 Pa. 468, in which it was held that “ the necessity for a lateral railroad on the route selected by the petitioner is a question for the jury under proper instructions by the court,” through more than a score of cases, the said act has received careful consideration and a construction of its provisions and a determination of the questions which are likely to arise under it, so that little remains for us,…

2Cases cited2 opinions

  1. Harvey v. ThomasSupreme Court of Pennsylvania · 1840
  2. H. C. Frick Coke Co. v. PainterSupreme Court of Pennsylvania · 1901

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