230 Pa. 197 | Pa. | 1911
Opinion by
If we assume the facts to be as set out in the bill of complaint, the question remains, do they establish a case for equitable interference? Clearly not, if for the injuries complained of, an adequate and convenient remedy at law is provided. The plaintiff is the owner in fee of 238 acres of farm land situate in Elizabeth township, Allegheny county. The Pittsburg Coal Company, one of the defendants, is the owner of the Pittsburg vein of coal underlying. The United Coal Company, the other defendant, by authority derived from the Pittsburg Coal Company, has been for sometime, and is now, engaged in mining and removing the coal of this vein where it underlies plaintiff’s land. The complaint is that the United Coal Company, in conducting its mining operations, is providing no adequate support for. the plaintiff’s surface;
The bill does not disclose a case where irreparable injury is threatened. It is evident that the remedy at law will-afford ample indemnification. If it be urged that adoption of such remedy would lead to a multiplicity of suits, the answer is, this would not necessarily result. It may very well be, if the injury to plaintiff is what he supposes it to be, that one compensatory verdict would have the effect to avoid any occasion for a second suit. But in any event that would be a matter for the plaintiff’s own determination. Entertaining the view here