Legal Opinion

Hooper v. Dora Coal Mining Co.

Supreme Court of Alabama

Decided December 15, 1891PublishedCited by 23 opinions

Appeal from tbe Chancery Court of Walker. Heard before the Hon. Thohas Cobbs. The bill in this case was filed on the 1st J une, 1891, by John de B. Hooper against the Dora Coal Mining Company, a private corporation, to enjoin and restrain the defendant from depositing on a tract of land, of which the complainant claimed to own the surface, foul water, slate, and other noxious substances, brought up through the opening of the defendant’s mine on the land, from other subjacent…

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Appeal from tbe Chancery Court of Walker. Heard before the Hon. Thohas Cobbs. The bill in this case was filed on the 1st J une, 1891, by John de B. Hooper against the Dora Coal Mining Company, a private corporation, to enjoin and restrain the defendant from depositing on a tract of land, of which the complainant claimed to own the surface, foul water, slate, and other noxious substances, brought up through the opening of the defendant’s mine on the land, from other subjacent lands which the defendant was also mining. The material allegations of the bill are stated in the opinion of the court.…

1Per curiam

Tbe bill alleges tbat complainant is tbe owner of tbe land therein described, “except all tbe coal and other minerals in, under, and upon said lands, and also except all timber and water upon tbe same necessary for tbe development, working and mining of said coal and other minerals, and tbe preparation of the same for market, and tbe removal of tbe same; and also tbe right of way, and tbe right to build roads of any description over tbe same necessary for tbe convenient transportation of said coal and other minerals from said coal lands, and tbe conveying and transporting to and from said…

2Cases cited7 opinions

  1. Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
  2. Williams v. GibsonSupreme Court of Alabama · 1887
  3. Nininger v. NorwoodSupreme Court of Alabama · 1882
  4. Williams v. JohnsonCourt of Appeals of Maryland · 1869
  5. Hobbs v. Amador & Sacramento Canal Co.California Supreme Court · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. United Railroads of San Francisco v. Superior Court of San FranciscoCalifornia Supreme Court · 1916
  2. Ex parte Birmingham Realty Co.Supreme Court of Alabama · 1913
  3. Poffenbarger v. Merit Energy Co.Supreme Court of Alabama · 2007
  4. Gulf Oil Corporation v. DeeseSupreme Court of Alabama · 1963
  5. Pennsylvania Glass Sand Corp. of Oklahoma v. OzmentSupreme Court of Oklahoma · 1967

18 more not listed; retrieve them via the Exa API.

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