Tischler v. Pennsylvania Coal Co.

Citations

• 218 Pa. 82
• 66 A. 988
• 1907 Pa. LEXIS 458

Syllabus

<p>Mines and mining — Surface support — Statute of limitations.</p> <p>In an action by the owner of the surface against the owner of the coal, to recover damages for injuries to the surface by the mining of coal, it must appear that the cause of action arose not when the cave or subsidence took place, but when the support of the surface was so weakened that it might fall, and the cause must have occurred within six years of bringing the suit.</p> <p>In such a case if there was work in the mines directly beneath the plaintiff’s surface, which caused the weakening of the supports to the surface within six years, the plaintiff could recover for injury to the land and the improvements thereon. The plaintiff is entitled to lateral support of the surface in its natural state, and can recover compensation for the surface in its natural state only if the cave or subsidence was caused by the taking away the lateral support.</p> <p>Mines and mining — Surface support — Title—Reservation.</p> <p>Where a person having no title to coal, attempts to convey it by deed, reserving a right to remove it without liability for damages to the owner of the surface, the real owner of the coal who is a stranger to such deed cannot avail himself of the reservation contained in the deed, as against the owner of the surface.</p> <p>In an action to recover damages for injuries to the surface of land by coal mining operations beneath the land, where the plaintiff's statement admits the ownership of the coal in the defendant, without any special mining rights, and the defendant relying on such admission, offers no evidence as to title, it will be presumed that the defendant was the owner of the coal without any special mining rights authorizing it to remove the coal without liability or injury to the surface.</p>