Berkey v. Berwind-White Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 176, Oct. T., 1907, by defendants, from decree of C. P. Somerset Oo., Equity Docket, 1906, No. 4, on bill in equity in case of Henry Berkey v. The Berwind-White Coal Mining Company and The Wilmore Coal Company. Bill in equity for an injunction. Error assigned was in granting a permanent injunction.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The bill filed in this case asks for an injunction to restrain the appellants from mining and removing the coal underlying a certain tract of land therein described in such a manner as will do damage, present or future, to the surface by causing a subsidence or breaking thereof. The learned court below, sitting as a chancellor, on the filing of the bill, granted a preliminary injunction, which, after hearing, was made permanent. The real question involved in this case is one of remedy rather than of legal right. The controversy grows out of the assertion of the…
2Cases cited11 opinions
- Chartiers Block Coal Co. v. MellonSupreme Court of Pennsylvania · 1893
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Rhodes v. DunbarSupreme Court of Pennsylvania · 1868
- Allison's AppealSupreme Court of Pennsylvania · 1875
- Commonwealth v. Pittsburgh & Connellsville RailroadSupreme Court of Pennsylvania · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
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- Barker v. MintzSupreme Court of Colorado · 1923
- Moss v. JourdanMississippi Supreme Court · 1922
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Kramer v. SlatterySupreme Court of Pennsylvania · 1918
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