Trustees of the Proprietors v. Lehigh Valley Coal Co.

Citations

• 241 Pa. 481
• 88 A. 768
• 1913 Pa. LEXIS 809

Syllabus

<p>Mines and mining — Lease of surface — Mining by surface tenant —Damages—Measure of damages — Damage for detention — Treble damages — Goal used in operation.</p> <p>1. In an action of trespass to recover damage for the mining of coal upon land upon which the defendant, a surface tenant, had no right to operate, the measure of damages is not the value of the coal at the pit’s mouth, but the proper measure of damages is the value of the coal in place. If the mine is immediately available for operation and there is a present market for the coal underlying the tract at a price per ton, the-royalty value of the coal may be adopted in ascertaining its value in place,: but where there is no present market, the acreage value of the coal in its natural state is the proper measure of damages.</p> <p>2. Under the facts of the present case it was not error for the trial judge to instruct the jury that the royalty value fixed in the lease of the tract in question as well as of adjoining tracts was a proper measure of the value of the coal in place.</p> <p>3. Under the custom prevailing in the anthracite coal region, coal used by a lessee in the operation of a mine is not subject to royalties.</p> <p>4. In such a case where the demand of the plaintiff is grossly excessive and unreasonable, the trial court properly instructs the jury that interest should not be allowed by way of compensation for detention.</p> <p>5. If by mistake or other unintentional error, a trespass is committed and minerals are removed, the injured party is not entitled to recover treble damages under the Act of May 8, 1876, P. L. 142. The act does not apply where a mistake has been honestly made and is unintentional.</p>