Stark v. Pennsylvania Coal Co.

Citations

• 241 Pa. 597
• 88 A. 770
• 1913 Pa. LEXIS 821

Syllabus

<p>Trespass — Trespass for talcing coal — Mines and mining — Real property — Adverse possession — Conflicting surveys — Referee — Findings of fact — Measure of damages — Royalty.</p> <p>1. Upon a dispute between the alleged owner of certain real property and a coal mining company, which it was claimed had trespassed upon tbe land in question and mined coal thereon, a finding of the referee that the defendant had not had adverse possession of the premises will be sustained, where the evidence of defendant showed merely that a portion of the ground had been used for the deposit of culm and fine coal too small for market and that a railroad siding had been laid across it, but that there had been no enclosure or cultivation of the land or exclusive occupation thereof.</p> <p>2. Where there is a dispute between two parties as to the location of a line separating two tracts of land, and there are conflicting surveys and conflicting evidence by surveyors, a finding by the referee, determining the true location of the line, confirmed by the court below will not be reversed in the absence of manifest error.</p> <p>3. In an action of trespass for damages for the taking and carrying away of coal underlying plaintiff’s land, where it appeared that the defendant had mined the coal under an honest mistake as to its rights, the proper measure of damages is the fair value of the coal in place at the time of the taking; and, under ordinary circumstances, that is to be determined by the royalty which such coal would have commanded.</p>