McCabe v. Watt

Citations

• 224 Pa. 259
• 73 A. 455
• 1909 Pa. LEXIS 776

Syllabus

<p>Mines and mining — Burning coal mine — Nuisance—Surface owner— Mandatory injunction — Equity.</p> <p>Where a burning coal mine has reached the public enemy’s stage, and threatens a city within whose limits the mine is situated, the owner of the surface above the burning coal, who is in no way responsible for the fire, cannot be compelled by a mandatory injunction to take measures at his own expense to put out the fire.</p>