Legal Opinion

Northern Coal & Iron Co. v. Burr

Superior Court of Pennsylvania

Decided May 12, 1910No. Appeal, No. 41PublishedCited by 2 opinions

Appeal, No. 41, March T., 1910, by defendants, from judgment of C. P. Lackawanna Co., Sept. T., 1907, No. 169, on verdict for plaintiff in case of the Northern Coal & Iron Company v. D. W. Burr et al. Trespass for an alleged wrongful taking of coal. Before Newcomb, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $2.00. Defendant appealed. Errors assigned were various rulings on evidence and instructions.

1Opinion of the Court

Opinion by

Beaver, J.,

Most of the material questions raised in this case are based upon the interpretation to be given to two several assessments of taxes for the same years on the same tract of seated land in the county of Lackawanna. They are as follows: “Owner unknown; Jesse Shove tract; surface only; 404 acres at $5.00 per acre, $2020.00. (Coal rights reserved to Northern Coal & Iron Co.) Total $2020.00.” “Northern Coal & Iron Co.; Jesse Shove tract; coal rights only; number of acres 404; valuation $10.00 per acre; total valuation $4040.00; surface not included, only coal reservation; no…

2Cases cited2 opinions

  1. Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
  2. Moreland v. H. C. Frick Co.Supreme Court of Pennsylvania · 1895

3Cited by2 opinions

  1. Babcock Lumber Co. v. FaustSuperior Court of Pennsylvania · 1944
  2. Kline v. Lawrence County Commissioners, Pennsylvania Court of Common Pleas, Lawrence County1951

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API