Harris v. Keystone Coal & Coke Co.

Citations

• 255 Pa. 372
• 100 A. 130
• 1917 Pa. LEXIS 460

Syllabus

<p>Landlord and tenant — Leases—Mines and^mining — Mining village — Highways—Ownership by mining company — Control.</p> <p>1. Where a mining -company owns all the land upon which a mining village has. been erected, as well as the land used for highways, and leases the houses in the village to tenants upon terms providing in effect that all streets, lanes or alleys or other highways are private roads and are the property of the parly of the first part, subject at all times to its police rules and regulations, and that the lessor may keep out and away from said premises any person or persons whom it may deem necessary and expedient in the exercise of its police rights the lease is not open to the objection that it offends against public policy, and is valid.</p> <p>2. Where these restrictions are clearly imposed there is no occasion for the application of the rule that a covenant relating to highways shall be construed most strongly against the owner of'the premises; nor can the company be deprived of control ofkhe highways on the grpund that the right of way is appurtenant to the leased premises.</p> <p>3. In an action against such mining company and its officials for wilfully conspiring to injure plaintiff’s business it appeared that plaintiff had engaged in the business of selling a high explosive to defendant’s employees and that defendants had excluded plaintiff from the village. The trial judge directed a verdict for defendants upon which judgment was entered. Held, no error. '</p>