Scranton v. Scranton Coal Co.

Citations

• 256 Pa. 322
• 100 A. 813
• 1917 Pa. LEXIS 608

Syllabus

<p>Mines and mining — City streets — Surface support — Bill in equity —Injunction—Refusal—Findings of fact — Appeal.</p> <p>1. Findings of fact in equity on conflicting evidence are entitled to the same weight as the verdict of a jury and will not he set aside on appeal except for manifest error.</p> <p>2. A bill in equity to enjoin the removal of coal underlying a city street on tbe ground that sueb removal would cause a subsidence of the surface to the damage of the streets and peril of the traveling public, was properly dismissed where it appeared that the surface had been sold without the right of support and the streets were thereafter dedicated by the owners of the surface, that the right of surface support had not been' secured from the owners of the underlying coal, and the chancellor found upon conflicting evidence that there was only a remote possibility of danger to the traveling public from the removal of the coal.</p>