The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-24

An application for an injunction was
made yesterday by Willard Parker ana
Daniel NJ. Stinson, executors under the
last will and testament of Willard
Parker, deceased; Harriet II. Throop'
Theodore G. Wolf and Everett Warren,
executors under the last will and tes-
lament of Is. H. Throop, deceased; M.
J. Murray, John Carney and Thomas
Brown against Patrick Collins, Miles
Mcdonald, Patrick Blewitt, Hugh
Brennan and Michael Grimes to re-
strain the latter, their agents, servants
or employees from any further acts
whatever upon the tract of land known
as the Sherwood Farm" in Dunmore
borough. A preliminary injunction was
granted by Judge II. NJ Edwards and
made returnable Monday, March 2S,
at 8 a. m. The attorneys for the plain
tiff are NJ. l.. Mcdonald and Willard,
Warren & Knapp.
In the petition asking for the in
junction 1t is set forth that Willard
Parker and r. II. Throop in their life
time owned 15e acres of land in Dun
more borough, known as the Sherwood
Farm" On Sept. 1, 1892, the executors
of willard Parker and b. II. Throop
leased the coal under the land to NJ.
J. Murray, a. j. Murray, John Carney
and Thomas Brown. The lease gave
them the coal under the ground and a
certain portion of the surface necessary
to enable them to carry on their min
ing operations, hut the balance Is still
| owned by the estates of Willard Parker
and p. H. Throop. except as to build
ing lots sold on the plot.
THE SURFACE VEIN.
Underlying the tract is what is
known as the Surface Vein" which is
| only sixteen feet below the surface and
the taking of the coal from this vein
would greatly iniure the land and
make it undesirable.
On Monday the defendants began
| mining coal from this surface vein.
They were notified to cease such opera
tions, but have persisted in mining the
coal from this lease, claiming they have
the right to do so under the terms of
a lease they held. 1t is contended by
the plaintiffs that the mining of coal
from this surface vein will work great
and irreparable injury to the land they
own and they ask that the court perma-
nently restrain the defendants from
| CdITyllS Oh IT'S illlllliS OpSi dliOiiS III
! that vein.
| The defendants claim the right to
| mine the coal from the surface vein
| lnder the provisions of an old lease
which they say was given by DR.. B.
II. Throop to DIR. Chamberlain and by
the latter assigned TO them. 1t will be
disputed, that such a lease can have
any binding effect after the lapse of
80 many years, during which nothing
has been done in the way of mining
| coal under it's provisions.
| One important phase of the case is
that with reference to the injury that
tion of the court with reference to this
| will he watched with some interest by
coal men and persons whose properties
are undermined.
| IF IT SHOULD TURN ON THIS.
| If the case turns solely on the ques-
tion of the injury that will be done to
the surface by taking coal from a vein
such a short distance below it, the
| court will have to say whether or not
that is apt to work such injury to the
surface as to make it necessary to
permanently enjoin the defendants
from removing the coal.
One Of the defendents is ex. Mine In
spector Patrick Blewitt and another is
ex-Deputy Sheriff Michael Grimes.