Graff Furnace Co. v. Scranton Coal Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Middle District of Pennsylvania; Charles B. Witmer, Judge. Action by the Graff Furnace Company against the Scranton Coal Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
REEESTAB, District Judge.
In this case the United States District Court entered judgment for the defendant on the pleadings, on the ground that the questions sought to be litigated had been settled by a decree of the Pennsylvania state court in a suit between the same parties. The suit is by the owner of the surface estate, to recover damages from the owner of the underlying mineral estate, for injuries sustained by the subsidence of such surface. The lands are situated in the state of Pennsylvania. In the District Court, on motion of the plaintiff, its original and amended bills and the…
2Cases cited19 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- The Haytian RepublicSupreme Court of the United States · 1894
- Torrence v. SheddSupreme Court of the United States · 1892
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
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3Cited by7 opinions
- Bennett v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1940
- Murrell v. STOCK GROWERS'NAT. BANK OF CHEYENNECourt of Appeals for the Tenth Circuit · 1934
- Old Charter Distillery Co. v. Continental Distilling Corp.District Court, D. Delaware · 1959
- Coffman v. Federal Laboratories, Inc.District Court, W.D. Pennsylvania · 1947
- Lynch v. CollingsDistrict Court, D. Alaska · 1923
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