109 A. 282 (Pa. 1920), 84, Lenox Coal Co. v. Duncan-Spangler Coal Co.

Docket Nº:84
Citation:109 A. 282, 265 Pa. 572
Opinion Judge:MR. JUSTICE WALLING:
Party Name:Lenox Coal Co. v. Duncan-Spangler Coal Co., Appellant
Attorney:E. J. Hartman, for appellant. Philip N. Shettig, with him M. D. Kittell, for appellee.
Judge Panel:Before BROWN, C.J., STEWART, FRAZER, WALLING, SIMPSON and KEPHART, JJ.
Case Date:January 05, 1920
Court:Supreme Court of Pennsylvania
 
FREE EXCERPT

Page 282

109 A. 282 (Pa. 1920)

265 Pa. 572

Lenox Coal Co.

v.

Duncan-Spangler Coal Co., Appellant

No. 84

Supreme Court of Pennsylvania

January 5, 1920

Argued: September 29, 1919

Appeal, No. 84, Oct. T., 1919, by defendant, from decree of C.P. Cambria Co., Dec. T., 1917, No. 4, on bill in equity in case of Lenox Coal Co. v. Duncan-Spangler Coal Co. Affirmed.

Bill in equity for an injunction. Before O'CONNOR, J.

The court awarded an injunction. Defendant appealed.

Error assigned was the decree of the court.

The decree is affirmed at the costs of appellant.

E. J. Hartman, for appellant.

Philip N. Shettig, with him M. D. Kittell, for appellee.

Before BROWN, C.J., STEWART, FRAZER, WALLING, SIMPSON and KEPHART, JJ.

OPINION

[265 Pa. 573] MR. JUSTICE WALLING:

This bill in equity was filed to restrain the removal of pillars, in coal mining, to the damage of the overlying estate. In 1901 the Blubaker Coal Company was the owner in fee of all the coal in a certain tract of land in Carroll Township, Cambria County, consisting of a "D" seam and an "E" seam, the latter being about 40 feet above the former. That year the company made a lease of the "D" seam or vein to defendant's predecessor, containing the words, "grant, demise and let unto the said parties of the second

Page 283

part, the rights and privileges to mine and take away the coal known and designated as the 'D' vein" [describing the premises], as well as the words: "To have and to hold the rights, titles and privileges upon the demised premises to the parties of the second part for and during the term of twenty-five years, or until the marketable and workable coal has been taken out of the land hereby leased that contains the 'D' vein of coal," and further: "The vein of coal embraced within this lease shall be worked by the parties of the second part, in the most economical method, under the usual conditions of mining bituminous coal in the region in which the land is situated, in accordance with the laws of the State of Pennsylvania." The lease contains no provision for letting down the superincumbent estate nor any waiver of damages for so doing. However, after the first mining in "D" seam, defendant proceeded to remove pillars thereby causing serious injury to mining operations in the "E" seam. In 1912, while this work of second mining was in...

To continue reading

FREE SIGN UP