MT. CARMEL R.R. CO. v. M.A. HANNA CO.


371 Pa. 232 (1952)

Mount Carmel Railroad Company, Appellant, v. M.A. Hanna Company.

Supreme Court of Pennsylvania.

June 24, 1952.


Attorney(s) appearing for the Case

Michael Kivko, with him H. Merle Mulloy, Andrew L. Armstrong and Matthew D. Mackie, for appellants.

Robert McK. Glass, with him Charles B. Waller and Bedford, Waller, Darling & Mitchell, for appellee.

Before DREW, C.J., STERN, STEARNE, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, June 24, 1952:

The basic question raised by this appeal is whether or not M.A. Hanna Company, the appellee, possesses the right to strip mine coal underlying the railroad of Mount Carmel Railroad Company (owner) and Reading Company (lessee) appellants herein. The court below decided that it had such right and dismissed the bill in equity seeking to restrain appellee from strip...

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