Pennsylvania Coal v. Mahon: Difference between revisions
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|date=December 11, 1922 | |date=December 11, 1922 | ||
|subject=Property | |subject=Property | ||
|facts=* | |appealed_from=Pennsylvania Supreme Court | ||
* Pennsylvania Coal Co. = "Penn" = owner of a parcel rich in sub-surface coal = a coal-mining company | |facts=* | ||
* In 1878, Penn deeded the surface rights to Mahon while retaining the right to mine sub-surface minerals | *Pennsylvania Coal Co. = "Penn" = owner of a parcel rich in sub-surface coal = a coal-mining company | ||
* The deed stipulated that Mahon would accept the risks associated with Penn's coal mining activities | *In 1878, Penn deeded the surface rights to Mahon while retaining the right to mine sub-surface minerals | ||
*The deed stipulated that Mahon would accept the risks associated with Penn's coal mining activities | |||
*In spite of the risks spelled out in the deed, Mahon built a house on the land subject to coal-mining activities | |||
*In 1921, Pennsylvania enacted the Kohler Act (which prohibited coal mining that might threaten any residential structure above land) | |||
* | |||
* | |||
|procedural_history=* Mahon sued Penn seeking an injunction against Penn in accordance with the newly-passed Kohler Act | |||
* Mahon lost in the court of common pleas in Pennsylvania. | |||
* Mahon won in the Supreme Court of Pennsylvania | |||
* | * | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 23:37, April 23, 2024
| Pennsylvania Coal v. Mahon | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | 260 U.S. 393 |
| Date decided | December 11, 1922 |
| Appealed from | Pennsylvania Supreme Court |
Facts
- Pennsylvania Coal Co. = "Penn" = owner of a parcel rich in sub-surface coal = a coal-mining company
- In 1878, Penn deeded the surface rights to Mahon while retaining the right to mine sub-surface minerals
- The deed stipulated that Mahon would accept the risks associated with Penn's coal mining activities
- In spite of the risks spelled out in the deed, Mahon built a house on the land subject to coal-mining activities
- In 1921, Pennsylvania enacted the Kohler Act (which prohibited coal mining that might threaten any residential structure above land)
Procedural History
- Mahon sued Penn seeking an injunction against Penn in accordance with the newly-passed Kohler Act
- Mahon lost in the court of common pleas in Pennsylvania.
- Mahon won in the Supreme Court of Pennsylvania
Resources
