Weakland v. Cymbria Coal Co.
Supreme Court of Pennsylvania
Weakland v. Cymbria Coal Co., 262 Pa. 403 (Pa. 1918)
105 A. 558; 1918 Pa. LEXIS 661
Brown, Fox, Frazer, Simpson, Stewart, Waiting
Weakland v. Cymbria Coal Co.
Opinion of the Court
The grant under which the defendant company acquired title to the coal underlying the surface owned by the appellant, indicates in clearest terms the intention of the grantor that it should not be liable for damages for failure to support the surface, and, as the appellant acquired title subject to the grant to the appellee, the nonsuit was properly entered: Miles v. Pennsylvania Coal Company, 217 Pa. 449; Kellert v. Rochester & Pittsburgh Coal & Iron Co., 226 Pa. 27; Stilley v. Pittsburgh-Buffalo Co., 234 Pa. 492.
Judgment affirmed.
Reference
- Full Case Name
- Weakland v. Cymbria Coal Company
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- 5 cases
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- Published
- Syllabus
- Mines and mining — Conveyance of coal — Surface support — Construction of deed. A grantee of coal underlying the surface incurs no liability for injury to the surface by mining operations where the grant provides that he shall have a right to enter upon the land and to mine and remove tbe coal without any liability for damages arising or resulting from the exercise of such rights and privileges.