Legal Opinion

Preston County Coke Co. v. Elkins Coal & Coke Co.

West Virginia Supreme Court

Decided September 24, 1918PublishedCited by 7 opinions

Appeal from Circuit Court, Preston Count}*-. Bill by the Preston County Coke Company against the Elkins Coal & Coke Company. Decree for plaintiff, and defendant appeals, with cross-assignment of error by plaintiff.

1Opinion of the Court

POJTENBARGER, PRESIDENT :

Having obtained, upon its answer to the plaintiff’s bill and affidavits filed in support thereof, a partial dissolution of an injunction restraining and inhibiting it, its officers, agents, servants and employees from interfering with the plaintiff, its agents and employees, in the mining and removal, under granted rights, of the coal in a tract of land owned by the defendant and containing 33.15 acres, and from threatening, annoying, intimidating and obstructing plaintiff, in the opening and mining of said coal and building necessary and proper approaches, ways,…

2Cases cited5 opinions

  1. Plant v. HumphriesWest Virginia Supreme Court · 1909
  2. Wallace v. Elm Grove Coal Co.West Virginia Supreme Court · 1905
  3. Carnegie Natural Gas Co. v. South Penn Oil Co.West Virginia Supreme Court · 1904
  4. Hancock v. MitchellWest Virginia Supreme Court · 1919
  5. Montgomery v. Economy Fuel Co.West Virginia Supreme Court · 1907

3Cited by7 opinions

  1. Oresta v. Romano Bros.West Virginia Supreme Court · 1952
  2. Don't Tear It Down, Inc. v. Pennsylvania Avenue Development CorporationCourt of Appeals for the D.C. Circuit · 1980
  3. Davison v. ReynoldsSupreme Court of Georgia · 1920
  4. Marjorie A. Mullins v. Clinchfield Coal CorporationCourt of Appeals for the Fourth Circuit · 1955
  5. Armstrong v. Pinnacle Coal & Coke Co.West Virginia Supreme Court · 1926

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