Forsyth v. Wells
Supreme Court of Pennsylvania
Error, to the Common Pleas of Fayette county '. This Avas an action on the case brought February 22-d 1859, by Deborah Wells against William and Robert Forsyth. The plaintiff declared in trover for mining and carrying away coal from her lands, to which defendants pleaded not guilty. On the trial a nolle prosequi was entered as to William Forsyth, and the case tried against Robert alone.
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Error, to the Common Pleas of Fayette county '. This Avas an action on the case brought February 22-d 1859, by Deborah Wells against William and Robert Forsyth. The plaintiff declared in trover for mining and carrying away coal from her lands, to which defendants pleaded not guilty. On the trial a nolle prosequi was entered as to William Forsyth, and the case tried against Robert alone. The parties were owners of adjoining tracts of coal land, and the defendant had opened a mine or drift on his land near the line, and worked it for several years. The surface being rough and hilly, the…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
We are to assume that it was by mistake that the defendant below went beyond his line in mining his coal, and mined and carried away some of the plaintiff’s coal, and it is fully settled that for this trover lies: 3 S. & R. 515; 9 Watts 172; 8 Barr 294; 9 Id. 343; 9 Casey 251.
What, then, is the measure of damages ? The plaintiff insists *295that, because the action is allowed for the coal as personal property, that is, after it had been mined or severed from the realty, therefore, by necessary logical sequence, she is entitled to the value of…
2Cases cited5 opinions
- Wright v. GuierSupreme Court of Pennsylvania · 1840
- Moody v. WhitneySupreme Judicial Court of Maine · 1854
- Silsbury & Calkins v. McCoon & ShermanNew York Supreme Court · 1847
- Taylor v. MorganSupreme Court of Pennsylvania · 1834
- Swift v. BarnumSupreme Court of Connecticut · 1855
3Cited by14 opinions
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- McIntosh v. RoppSupreme Court of Pennsylvania · 1912
- Athens & Pomeroy Coal & Land Co. v. TracyOhio Court of Appeals · 1925
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