Rhoads v. Quemahoning Coal Co.

Citations

• 238 Pa. 283
• 86 A. 273
• 1913 Pa. LEXIS 956

Syllabus

<p>Mines and mining — Trespass—Mining and converting coal— Treble damages — Construction—Penal statute — Invalid agreement —Good faith — Act of May 8, 1878, P. L. IlfA</p> <p>1. The Act of May 8, 1876, P. L. 142, providing “that if any person or corporation shall mine or dig out any coal......knowing the same to be upon the land of another person......without the consent of the owner......the person or corporation so ofEending shall be guilty of a misdemeanor... .and shall be further liable to pay such owner......in case of the conversion of the same to the use of such offender or offenders treble the value thereof,” is highly penal both in its criminal and civil aspects and must be strictly construed.</p> <p>2. Where in an action of trespass to recover damages for coal mined and removed from the plaintiff’s premises, it appears that the defendant mined and removed the coal by authority of its [supposed ownership acquired under the assignment of an agreement and the defendant believed when it took the assignment that it was a valid option and conferred the right to enter and take the coal, the Act of May 8, 1876, P. L. 142, has no application and the defendant is not liable for punitive damages imposed by the statute.</p> <p>3. In such, a ease the fact that the agreement upon which the defendant relied was subsequently declared invalid does not convict it of a knowledge of the invalidity prior to the judgment.</p>