Matthews v. Rush

Citations

• 262 Pa. 524
• 105 A. 817
• 1919 Pa. LEXIS 716

Syllabus

<p>Mines and mining — Wrongful mining of coal — Treble damages— Act of May 8,1876, P. L. 1&8.</p> <p>1. The measure of damages for an innocent taking of coal from under the lands of another, is ordinarily its value in place.</p> <p>2. The Act of May 8, 1876, P. L. 142, is highly penal, and does not justify the awarding of treble damages, unless defendants knowingly took the coal from under the lands of another.</p> <p>3. Under that act knowledge of the superintendent of the mine is not knowledge of the individual owners thereof.</p> <p>4. As there was no proof or offer of proof of any profits made from the coal taken from under plaintiff’s land, the question whether or not defendants would be liable for such profits, if any, is not decided.</p>