Kirwin v. Delaware, Lackawanna & Western Railroad

Citations

• 249 Pa. 98
• 94 A. 468
• 1915 Pa. LEXIS 683

Syllabus

<p>Beal property—Coal land—Separation of surface and minerals— Deeds—Exceptions—Conveyance of surface without right of supiport—Injury to surface from mining operations—Trespass—Non-suit.</p> <p>In an action in trespass by tbe owner of a super-incumbent estate against the owner of an underlying mineral estate for damages to a house and lot resulting from alleged disturbances in the surface caused by defendant’s mining operations, a nonsuit is proper where it appears that the plaintiff’s title was subject to a reservation of “all the coal and minerals beneath the surface of the premises, with the right to mine and remove the same without incurring in any event whatsoever any liability for any injury or damages which may be caused or done to the surface of the said premises, or to any buildings or improvements thereon”; that the defendant was a legal owner of the mineral rights under the land, together with the privileges and exemptions as reserved by plaintiff’s grantor, and where it was not alleged that the defendant was guilty of any negligence in the manner in which said minerals were removed.</p>