Kellert v. Rochester & Pittsburg Coal & Iron Co.

Citations

• 226 Pa. 27
• 74 A. 789
• 1909 Pa. LEXIS 868

Syllabus

<p>Mines and mining — Coal—Surface support — Release of damages.</p> <p>1. Where a deed conveying coal in fee simple with mining rights contains a clause by which the grantors release all claim for damages caused by the operation or working of the coal mines, such release is binding upon subsequent grantees of the surface land, although in the clause containing the release the words “heirs and assigns,” are not used after the names of the grantors.</p> <p>2. Where the grantors of coal under land, “release all and every claim or claims for damages to the said land caused by operating or working of said mines in a proper manner,” the removal of all the coal is not an improper operating or working of the mines; and if such removal causes a subsidence of the surface, the owners of the coal will not be liable to the owners of the surface for the injuries resulting from the subsidence.</p>