Miles v. New York, Susquehanna & Western Coal Co.
Miles v. New York, Susquehanna & Western Coal Co.
Opinion of the Court
Opinion by
The question here presented for determination is whether under the terms and provisions of a certain lease of coal lands, the lessee acquired the right to mine and remove all the coal on the premises, including that composing certain pillars, which during the course of mining operations, had been left to support the roof. The coal contained in these pillars amounts to a considerable proportion of the whole.' The plaintiffs in this case, representing in part the owners in fee of the land, which is the subject of the lease, filed this bill in equity to restrain the defendants from removing these pillars, which under the terms of the lease the defendants claim they are entitled to remove, after all the other available coal upon the leased premises has been mined, and the pillars are no longer needed to protect the mining operations. This case was by agreement submitted to a referee, who sustained the contention of the defendants,
A strict Construction of the lease against the grantor is justified by the familiar rule that where the intention of the parties to a grant is not clear, that construction most favorable to the grantee will be adopted. Thus in Klaer v. Ridgway, 86 Pa. 529, it was said (p. 534) : “It is a familiar rule that a deed or grant must be construed most strongly against the grantor. This applies with especial force to a reservation or restriction in a deed whereby there is a withholding of something from the grant.” This language was quoted with approval in Sheffield Water Co. v. Elk Tanning Co., 225 Pa. 614 (624). The rule of strict construction against a grantor
The case of Hollenback Coal Co. v. Lehigh & Wilkes-Barre Coal Co., 219 Pa. 124, has been cited here by counsel for both parties. We do not see that it has any direct application to the case at bar. No right of surface support was there involved, and the question decided was the right of the lessee to the coal under a' certain size. In the present case no such question arises, as it is expressly provided in the lease that all the small coal shall belong to the lessee if removed from the premises during the term of the lease. There can be no doubt but that the lease here under construction amounted to a sale of all the coal in the mine. The referee has found as a fact “that in mining out the pillars (which had been removed prior to the suit) the operators exercised reasonable care and skill, and in conducting their mining operations they were at no time guilty of wilful misbehavior or gross negligence,” and that the falling of the roof, and such subsidences of the surface as had occurred “did not result from any wilful misbehavior or gross negligence on the part of the operators, but was the result of the mining out of the pillars in the ordinary way and with reasonable care and skill.” No exceptions were taken to these findings of fact. Authority for the proposition that a stipulation for careful and skilful mining relates only to the manner of working the coal and does not impose upon the operating company the duty of supporting the surface, is to be found in Youghiogheny River Coal Co. v. Allegheny Nat. Bank, 211 Pa. 319, and in Kellert v. Rochester & Pittsburgh Coal and Iron Co., 226 Pa. 27. Under the rule established in these cases, and upon the referee’s findings of fact, it is clear that the removal of the pillars by defendants in the present case cannot be held to be either misbehavior or negligence.
The assignments of error are overruled, the decree of the court below is affirmed, and this appeal is dismissed at the cost of appellants.
Reference
- Full Case Name
- Miles v. The New York, Susquehanna & Western Coal Company
- Cited By
- 10 cases
- Status
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- Syllabus
- Mines and mining — Goal lease — Construction—Waiver of surface support — Removal of coal — Pillars—-Rquity. 1. A deed or grant must be construed most strongly against the grantor. This applies with especial force to a reservation or restriction in a deed, whereby there is a withholding of something from the grant, and this rule applies to a mining lease. 2. A stipulation in a mining lease for careful and skilful mining relates only to the manner of working the coal, and does not impose upon the operating company the duty of supporting the surface. 3. Upon an application for an injunction to restrain the lessee under a certain coal lease from removing pillars of coal which were needed to support the surface, it appeared 'that the lease granted “all the coal and veins of coal upon the property,” and was to continue “for and during such period and term as shall be required in order to mine, prepare and carry away all the merchantable and marketable coal in, under and upon the said tract of land,” and that the lessee covenanted that he would mine and pay for all the coal under the tract, and was given the right to remove breakers, machinery, etc., after all the coal had been mined, and further contained express exemption of the lessee from the consequences of injury done to the surface of the ground, unless such damage resulted from “wilful misbehavior or gross negligence.” There was no contention that there had been negligence in. the method of mining, but it was contended that a clause in the lease providing that pillars should be left, sufficient to support the roof, “so that at the expiration of the term of this lease from whatever cause, the mines and improvements shall be left in as good order and condition for future mining as any prudent operator would leave the same were he entitled to continue mining for a series of years,” made it the duty of the lessee to leave the pillars of coal in controversy. The court decided (1) that the grant carried with it the right to remove all the coal under the tract, of whatever kind; (2) that the stipulation for leaving pillars in the event of a termination of the lease had reference exclusively to a determination prior to the removal of all the coal, so that future mining operations could be conducted, and dismissed the bill. Held, no error.