Hilty v. Saltsburg Coal Mining Co.

Citations

• 55 Pa. Super. 104
• 1913 Pa. Super. LEXIS 326

Syllabus

<p>Mines and mining — Wrongful mining — Action for treble damages— Evidence — Value of coal in place.</p> <p>1. In an action to recover treble damages for coal wrongfully mined, a witness may testify as to tbe value at the pit mouth of the coal taken, if it appears that such testimony was offered merely for the purpose of showing the familiarity of the witness with the business as conducted in the locality, and the elements which he considered in his estimate of the value of the coal in place which he had previously given, without objection by the defendant.</p> <p>2. Where coal has been wrongfully mined, the value of such .coal in place is properly estimated upon the basis of a royalty of so much per ton, where it appears that by reason of the location of the coal, its proximity to mining operations and its accessibility to market, it had a market value for operating purposes at a price per ton.</p> <p>3. In an action for coal wrongfully mined a mining engineer called as a witness for the plaintiff may be permitted to base his calculations as to the amount of coal taken, upon maps of the workings furnished him by the defendant, if it appears that such maps covered only such portions of the mine as were inaccessible because of the amount of water in them.</p> <p>4. Where a portion of two acres of coal is wrongfully mined the owner will not be entitled to recover damages for the remaining coal in place, where it appears that such coal was necessary to support the surface, and therefore had no market value; but if the coal which remained in place had a market value greater than the amount of damages which its removal would cause to the surface, then the plaintiff would be entitled to recover for any depreciation in that market value which had been caused by the manner in which the defendant had mined through it.</p> <p>5. In an action to recover damages for the wrongful mining of coal, where it appears that the plaintiff owned both surface and coal, the plaintiff may