Streng v. Buck Run Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 42, Jan. T., 1913, by plaintiffs, from decree of C. P. Schuylkill Co., July T., 1911, No. 1, dismissing bill in equity for an injunction in case of Julia Streng and George W. Streng v. The Buck Run Coal Company, a corporation. Bill in equity for injunction to restrain a lessee under a mining lease from mining pilla-rs of coal.
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Appeal, No. 42, Jan. T., 1913, by plaintiffs, from decree of C. P. Schuylkill Co., July T., 1911, No. 1, dismissing bill in equity for an injunction in case of Julia Streng and George W. Streng v. The Buck Run Coal Company, a corporation. Bill in equity for injunction to restrain a lessee under a mining lease from mining pilla-rs of coal. Before Brumm, J. From the record it appeared that defendant was entitled under a mining lease to mine coal from two veins, the one lying under the other. The veins were separated by strata of hard rock. The lower vein had been worked for a considerable…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This was a proceeding in equity to compel the operator of a mine to leave certain solid pillars of coal in an *562underlying vein, to support an overlying vein. The defendant owned the coal in question under a lease from the plaintiffs which granted “All the merchantable and minable coal......available for proper, skillful and careful mining,” and contained in its eighteenth section this covenant: “The party of the second part (lessees) shall leave solid pillars of coal at all such points as may be designated by the parties of the first part (lessors) as…
2Cases cited3 opinions
- Berkey v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1908
- Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
- Kane & Elk Railroad v. Pittsburgh & Western R. R.Supreme Court of Pennsylvania · 1913
3Cited by7 opinions
- Barco, Inc. v. Steel Crest Homes, Inc.Supreme Court of Pennsylvania · 1966
- Home Brewing Co. v. Thomas Colliery Co.Supreme Court of Pennsylvania · 1922
- Ridgway v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Muzzio v. SteeleSupreme Court of Pennsylvania · 1924
- Markleton Hotel Co. v. Connellsville & State Line Railway Co.Supreme Court of Pennsylvania · 1914
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