Fulmer v. Williams

Citations

• 128 Pa. 24
• 18 A. 493
• 1889 Pa. LEXIS 767

Syllabus

<p>1. Where one tenant in common in the exclusive possession of lands operates a slate-quarry thereon, though opened and developed, the compensation to which his co-tenant is entitled, under § 24, act of April 25, 1850, P. L. 573, is not to be measured by the value of the slate on the bank, less the cost of mining and putting it there with a margin of profit to the operator;</p> <p>2. But such compensation is to be measured by the fair market value of the slate in place, which is the royalty or slate-leave to be obtained for the privilege of removing and manufacturing the slate, in view of all its special circumstances: Neel’s App., 3 Penny. 66, followed; Coleman’s App., 62 Pa. 252, and Ege v. Kille, 84 Pa. 333, distinguished.</p>