Baker v. Pittsburg, Carnegie & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 8, Oct. T., 1907, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1903, No. 371, on verdict for plaintiff in case of Ann C. Baker v. The Pittsburg, Carnegie & Western Railroad Company. Appeal from award of jury of view.
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Appeal, No. 8, Oct. T., 1907, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1903, No. 371, on verdict for plaintiff in case of Ann C. Baker v. The Pittsburg, Carnegie & Western Railroad Company. Appeal from award of jury of view. At the trial the court permitted, under objection and exception, M. Peters to testify on behalf of the plaintiff as to the value of the coal in controversy [1, 3]. Defendant presented the following points: 1. Plaintiff, as the owner of the coal, has no right to go upon the surface overlying the coal to make shafts and openings to mine or remove…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The issue in this case was framed under an appeal from the award of viewers appointed to assess damages for the construction of a tunnel by the defendant railroad compauy, by virtue of its power of eminent domain, through a piece of coal land, owned by the plaintiff. The tract in question contained between twenty-one and twenty-two acres. The plaintiff had formerly owned the surface, but some twenty years before the entry by the defendant she sold the land, expressly reserving in her deed “ all of the coal underlying the same, with all mining rights and privileges…
2Cases cited5 opinions
- Chartiers Block Coal Co. v. MellonSupreme Court of Pennsylvania · 1893
- Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Turner v. ReynoldsSupreme Court of Pennsylvania · 1854
- Youghiogheny River Coal Co. v. Allegheny National BankSupreme Court of Pennsylvania · 1905
- Pringle v. Vesta Coal Co.Supreme Court of Pennsylvania · 1896
3Cited by14 opinions
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- Dougherty, Tr. v. Thomas, Exr.Supreme Court of Pennsylvania · 1933
- Friedline v. HoffmanSupreme Court of Pennsylvania · 1922
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