Whitaker v. Brown
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of trespass vi et armis, by Anthony Whitaker against William H. Brown, to recover damages for breaking and entering the plaintiff’s close, and for digging, mining, and carrying away thirty-nine thousand six hundred and twenty-five bushels of bituminous coal, and converting and disposing of the same to his own use.
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Error to the District Court of Allegheny county. This was an action of trespass vi et armis, by Anthony Whitaker against William H. Brown, to recover damages for breaking and entering the plaintiff’s close, and for digging, mining, and carrying away thirty-nine thousand six hundred and twenty-five bushels of bituminous coal, and converting and disposing of the same to his own use. After the plaintiff had offered all his evidence, the defendant’s counsel moved the court to enter a peremptory nonsuit under the Act of Assembly, which was done, and this was the error assigned here. The facts of…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1864, by
Woodward, J.
On the 14th of March 1853, Boyle Irwin and wife conveyed by warranty deed, six and a half acres of land in Allegheny county, to Anthony Whitaker in fee, “he, the said Boyle Irwin, saving and reserving nevertheless for his own use, the coal contained in the said piece or parcel of land, together with free ingress and egress by wagon-road to haul the coal therefrom as wanted.” Boyle Irwin is dead, and his rights in the coal, if descendible, are vested in his heirs, under whom the defendant justifies his entry to take coals.
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2Cases cited1 opinion
- Shoenberger v. LyonSupreme Court of Pennsylvania · 1844
3Cited by18 opinions
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
- Mandle v. GharingSupreme Court of Pennsylvania · 1917
- Grant v. HaymesSupreme Court of Georgia · 1927
- Walker Et Ux. v. WalkerSuperior Court of Pennsylvania · 1943
- Riefler & Sons v. Wayne Storage Water Power Co.Supreme Court of Pennsylvania · 1911
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