Penn Gas Coal Co. v. Versailles Gas Co.

Citations

• 2 Monag. 730
• 1890 Pa. LEXIS 1300

Syllabus

<p>In granting the coal to a coal company, the owners of the land executed a release of the right to the support of the surface. Anatural gas company threatened to enter upon the surface, by right of eminent domain, for the purpose of laying gas pipes, without giving security to the coal company. The supreme court held; on a bill for an injunction by the coal company, that the gas company, as grantee of the right of eminent domain from the state, was not bound by the release, and was therefore liable in damages to the coal company — unless it elected to be bound by the release, in which case there would be no liability for damages, and the injunction should then be dissolved. The coal company moved for a re-argument or a modification of the decree on the ground that the dangerous nature of the natural gas made it incumbent on them to maintain subjacent support, and to permit the gas company to avail itself of the release would result in taking their property without compensation. The motion was refused.</p>