Walsh v. Kansas Fuel Co.

Citations

• 102 Kan. 29
• 169 P. 219
• 1917 Kan. LEXIS 212

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mining Coal — Unambiguous Contract — Construction—Matter for the Court. Where a contract is not ambiguous, and there is no charge of fraud, accident, or mistake, the intention of the parties must be ascertained from the contract, and its construction is a matter of law for the court and should not be submitted to the jury.</p> <p>2. Same — Subsidence of Surface — Damages—Statute of Limitations. An action for damages caused by the subsidence of the surface of land, brought about by mining coal therefrom, is not barred by the statute of limitations until two years have elapsed after the surface has subsided.-</p> <p>3. Same — Judgment—Supported by Evidence. There was evidence which tended to show that the surface of the land had subsided in 250 or . 260 different places within two years prior to the commencement of this action, and there was also evidence which tended to show the decrease in the value of the surface of the land caused by the subsidence of that surface.</p>