Stilley v. Pittsburgh-Buffalo Co.
Supreme Court of Pennsylvania
Appeal, No. 238, Oct. T., 1911, by plaintiff from decree of C. P. No. 2, Allegheny Co., Jan. T., 1911, No. 400, dismissing bill in equity in suit of John H. Stilley v. Pittsburgh-Buffalo Co. Bill in equity for an injunction.
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Appeal, No. 238, Oct. T., 1911, by plaintiff from decree of C. P. No. 2, Allegheny Co., Jan. T., 1911, No. 400, dismissing bill in equity in suit of John H. Stilley v. Pittsburgh-Buffalo Co. Bill in equity for an injunction. Haymaker, J., found the facts and conclusions of law as follows: 1. The plaintiff is the owner in fee simple of all that certain tract of land situate in Jefferson Township, Allegheny County, containing ninety-five (95) acres, eighty (80) perches, subject to the conveyance of the coal and mining rights by his predecessors in title. The said property being conveyed to the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The rule of law upon which appellant relies is well settled in Pennsylvania, but difficulties frequently arise in applying it to the facts of a particular case. The rule is that in a grant of all the coal underlying a tract of land, in the absence of an express waiver, or the use of words from which the intention to waive clearly appears, there is imposed upon the mineral estate the servitude of surface support. In our state there has been no departure from this rule which has been recognized and asserted from Jones v. Wagner, 66 Pa. 429, to Dignan v. Coal & Coke…
2Cases cited12 opinions
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Williams v. HaySupreme Court of Pennsylvania · 1888
- Scranton v. PhillipsSupreme Court of Pennsylvania · 1880
- Coleman v. ChadwickSupreme Court of Pennsylvania · 1876
- Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Commonwealth v. FitzmartinSupreme Court of Pennsylvania · 1954
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Hines v. Union Connellsville Coke Co.Supreme Court of Pennsylvania · 1921
- Simmers v. Star Coal & Coke Co.West Virginia Supreme Court · 1933
- Householder v. Quemahoning Coal Co.Supreme Court of Pennsylvania · 1922
13 more not listed; retrieve them via the Exa API.