Coleman v. Chadwick
Supreme Court of Pennsylvania
Writs of error to the District Court of Allegheny county: Of October and November Term 1874, No. 221 and 236. This was an action on the case commenced April 19th 1872, by James M. Chadwick against William Coleman, Frank Rahm, John S. Slagle and William Yarnum, partners, trading as Coleman, Rahm & Co. The plaintiff declared that he was the owner of a tract of sixteen acres of land in Penn township, Allegheny county, on which he with his family resided; that the defendants…
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Writs of error to the District Court of Allegheny county: Of October and November Term 1874, No. 221 and 236. This was an action on the case commenced April 19th 1872, by James M. Chadwick against William Coleman, Frank Rahm, John S. Slagle and William Yarnum, partners, trading as Coleman, Rahm & Co. The plaintiff declared that he was the owner of a tract of sixteen acres of land in Penn township, Allegheny county, on which he with his family resided; that the defendants were possessed of a coal mine underlying the said tract of land; that it was their duty in working the mine to leave…
1Opinion of the CourtJustice Gordon
*87We have held in the case of Horner v. Watson, 29 P. F. Smith 251, decided at the present term, approving Jones v. Wagner, 10 Id. 429, that of natural right the surface land is entitled to support from the strata below, and that, when one owning the whole fee, grants the minerals, reserving the surface to himself, his grantee is entitled only to so much of the minerals as he can get without injury to the superincumbent soil, and that the plea of a custom to the contrary could not be entertained, because such a custom would be unreasonable, and hence wanting in an element essential to its…
2Cited by24 opinions
- Rothrauff Et Ux. v. Sinking Spr. W. Co.Supreme Court of Pennsylvania · 1940
- Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
- Williams v. HaySupreme Court of Pennsylvania · 1888
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Penman v. JonesSupreme Court of Pennsylvania · 1917
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