Penn Gas Coal Co. v. Versailles Fuel Gas Co.

Citations

• 131 Pa. 522
• 19 A. 933
• 1890 Pa. LEXIS 1138

Syllabus

<p>[To be reported.]</p> <p>1. While a release from the owner of surface land, exempting the owners of underlying minerals and their estates from the obligation of surface support, will be binding iipon all persons subsequently taking title from the releasors, the state, or its grantee, entering upon the surface under the power of eminent domain, will not be bound or restricted thereby.</p> <p>2. Such an entry upon the surface is an entry upon and an appropriation of the subjacent strata, so far as they are necessary to support the surface for the purposes of the highway or other structure to be built thereon, notwithstanding the underlying minerals may previously have been severed in their ownership from the surface, and released from the servitude of surface support.</p> <p>3. Wherefore, an owner of coal in situ, to whom the surface owner has granted the right to remove the whole of it, without liability for any resulting subsidence of the surface, is entitled to an injunction restraining a corporation from entering upon the overlying surface to construct a pipe line, until payment or security for compensation for the easement of support, acquired as matter of law by such entry.</p> <p>4. Such corporation may, however, agree to be bound by the release granted by the owner of the surface, and to accept the risk of subsidence which such release involves, excluding from its appropriation the coal underlying its line, and upon the filing of a stipulation to this effect, a prayer by the owner of the coal for an injunction against its entry upon the surface will be refused.</p>