Baker v. Pittsburg, Carnegie & Western Railroad

Citations

• 219 Pa. 398
• 68 A. 1014
• 1908 Pa. LEXIS 585

Syllabus

<p>Railroads — Condemnation of land — Injury to coal land — Damages— Expert witness — Evidence.</p> <p>In a proceeding against a railroad company to recover damages for injuries to coal property, a witness called as an expert by the plaintiff, is not competent, where it appears from his own testimony that he had no knowledge whatever of the market value of coal per acre in the ground in the vicinity, although he had a general knowledge of the business of mining coal in the vicinity, and of selling it at retail.</p> <p>Mines and mining — Reservation of minerals — Right to use surface.</p> <p>Where an owner of land conveys the surface but reserves the coal, he has a right thereafter to sink a shaft through the surface in order to ■ mine and remove the coal.</p>