Bittner v. Quemahoning Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 107, Oct. T., 1921, by defendant, from judgment of C. P. Somerset Co., May T., 1921, No. 222, on verdict for plaintiff, in case of Madison Bittner v. Quemahoning Coal Co. Trespass for alleged wrongful mining of coal. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for f1,705. Defendant appealed. Error assigned, inter alia, was refusal of defendant’s motion for judgment n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff conveyed to defendant’s predecessor in title, who in turn conveyed to defendant, all the coal under a tract of land in Black Township, Somerset County, containing 128 acres and 81 perches, with the provision that “in case there is in or under this tract of land next to the surface a vein of coal of about twenty-seven inches in thickness overlying another vein of about three feet in thickness, then so much of said twenty-seven-inch surface vein as is in and underlying this said described land is reserved and excepted from this conveyance. This being the…
2Cases cited5 opinions
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