Union Pac. Ry. Co. v. Harmon
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. In Equity. Rill by the Union Pacific Railway Company against W. M. Harmon, F„ EL Harmon, and Guv D. Harmon to restrain defendants from preventing complainant from entering on certain land to mine coal thereon. The circuit court refused an injunction, and dismissed the bill. Complainant appeals.
1Opinion of the Court
SHIRAS, District Judge.
From the record in this case it appears that on the 28th of May, 1888, W. M. Harmon, F. H. Harmon, and Guy D. Harmon Durchased of the Union Pacific Railway Company 160 acres of land, situated in Boulder county, in the state of Colorado, a deed thereof being executed by the trustees of said company, which contained a reservation as follows:
' “Reserving to said company and its assigns all coal that may be underneath. the surface of the land herein described; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may be…
2Cited by2 opinions
- Robinson v. American Car & Foundry Co.U.S. Circuit Court for the Northern District of Illnois · 1904
- Hardinge Conical Mill Co. v. Abbe Engineering Co.U.S. Circuit Court for the District of Southern New York · 1910