Hines v. Union Connellsville Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 464, Jan. T., 1921, by defendant, from decree of C. P. Fayette Co., No. 963, in equity, for injunction, in case of Walker D. Hines, Director General of Railroads, operating the Connellsville & Monongahela Railway Co., and the Monongahela Railway Co., v. Union Connellsville Coke Co. Bill in equity for injunction. The opinion of the Supreme Court states the facts. The court awarded an injunction. Defendant appealed.
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Appeal, No. 464, Jan. T., 1921, by defendant, from decree of C. P. Fayette Co., No. 963, in equity, for injunction, in case of Walker D. Hines, Director General of Railroads, operating the Connellsville & Monongahela Railway Co., and the Monongahela Railway Co., v. Union Connellsville Coke Co. Bill in equity for injunction. The opinion of the Supreme Court states the facts. The court awarded an injunction. Defendant appealed. Error assigned, among others, was decree, quoting it.
1Opinion of the Court
Per Curiam,
Plaintiff holds title to the surface of a tract of land by deed reserving to the grantor all the coal “with the usual *221mining rights and privileges.” Subsequent to this conveyance, the grantor conveyed the minerals to defendant’s predecessor in title, without liability for surface support, expressly subject, however, to the earlier conveyance of the surface in which the grantors “reserved the coal with the usual mining rights and privileges.” Defendant having caused a subsidence of the surface in mining the coal and consequent damage to plaintiff’s railroad tracks, the court below…
2Cases cited5 opinions
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Penman v. JonesSupreme Court of Pennsylvania · 1917
- Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907
- Stilley v. Pittsburgh-Buffalo Co.Supreme Court of Pennsylvania · 1912
- Allshouse's EstateSuperior Court of Pennsylvania · 1903
3Cited by8 opinions
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Heningkamp v. Valley Smokeless Coal Co.Supreme Court of Pennsylvania · 1922
- Valley Smokeless Coal Co. v. Manufacturers' Water Co.Supreme Court of Pennsylvania · 1928
- Hoffman v. BuchananSuperior Court of Pennsylvania · 1924
- Pennsylvania Coal & Coke Corp. v. Duncan-Spangler Coal Co.Superior Court of Pennsylvania · 1938
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