Pringle v. Vesta Coal Co.

Citations

• 172 Pa. 438
• 33 A. 690
• 1896 Pa. LEXIS 796

Syllabus

<p>Mines and mining — Surface support — Pleading—Evidence.</p> <p>Where there has been a separation of the coal from the surface, the owner of the latter, in the absence of agreement to the contrary, has an absolute right to have it supported precisely as it was in its natural state.</p> <p>If the owner of the coal in pursuance of his rights undertakes to mine and remove it, and damage results to the surface either (a) from negligence in conducting his mining operations, or (6) from failure to properly and sufficiently support the surface, or (c) from both these causes combined, the surface owner is entitled to recover compensation for such injury as he may have sustained.</p> <p>Where in such a case the plaintiff avers in his statement that the injuries complained of were the result of two causes, negligent mining, and defendant’s failure to provide proper surface support, it is competent for him to prove on the trial that the injuries resulted from both of these causes combined, or from either of them separately.</p>