Reference

Full Case Name

Oberly v. H. C. Frick Coke Company

Cited By

17 cases

Status

Published

Syllabus

Equity — Mines and mining — Underlying coal — Accumulation of gas — Drilling'of bore hole from surface — Absence of proof of irreparable injury — Preliminary injunction — Dissolution. 1. The refusal to grant or continue a preliminary injunction is error only when the right threatened with invasion is an unquestionable one, and the only protection from irreparable injury is to be found in a court of equity. 2. An owner in fee of coal lands conveyed the underlying coal “together with the free and uninterrupted right of way under said land at such points and in such manner as may be necessary and proper for the purpose of digging, mining, draining, ventilating and carrying away said coal, hereby waiving all damages arising therefrom or from the removal of all the said coal, together with the privileges of mining and removing through said described premises other coal belonging to said parties of the second part, their heirs and assigns, or which may hereafter be acquired.” After a portion of the coal had been mined and the supports removed explosive gas, endangering the mine and those working therein, accumulated over the overlying strata. Such gas could not be reached by an air current from the fan and the only practicable method of removing it was by a bore hole from the surface to the high point of the strata. The owner of the coal entered upon the surface and prepared to drill a bore hole ten inches in diameter for the purpose of releasing gas 520 feet below. The lower court entered a preliminary injunction restraining him from so doing and subsequently dissolved same. Held, the injunction was properly dissolved.