New York & Pittston Coal Co. v. Hillside Coal & Iron Co.

Citations

• 225 Pa. 211
• 74 A. 26
• 1909 Pa. LEXIS 636

Syllabus

<p>Mines and mining — Coal lease — Royalties—Sizes—Use of gangways.-</p> <p>1. Where a coal lease without definite terms and for the exhaustion of the coal, contemplates various sizes of coal, but provides for payment of royalties only on two sizes, pea coal being the smaller, no royalties can be collected on the smaller sizes known as buckwheat, rice and barley.</p> <p>2. A lessee of coal cannot be charged for rental for the use of gangways on the demised premises in transporting coal from other properties.</p>