Hines v. Union Connellsville Coke Co.

Citations

• 271 Pa. 219
• 114 A. 521
• 1921 Pa. LEXIS 484

Syllabus

<p>Mines and mining — Goal surface support — Waiver—Mining privileges — Parol evidence.</p> <p>1. A grant of coal with right to mine and remove the same does not relieve the grantee from liability for surface support in absence of express waiver of such right, or use of words from which an intention to waive clearly appears.</p> <p>2. A reservation of “the usual, mining rights and privileges” does not clearly show an intention to waive the right of support.</p> <p>3. To determine whether there has been a waiver of the right of support, the intention must be gathered from the language used in the conveyance, and parol evidence to aid in its construction cannot be considered.</p>