Weisfield v. Beale

Citations

• 44 Pa. Super. 386
• 1910 Pa. Super. LEXIS 184

Syllabus

<p>Mines and mining — Mining privileges on surface — Trespass quare clausum fregit — Actions—Practice, C. P.</p> <p>1. Where it appears that the defendant in an action of trespass quare clausum fregit owns coal under the surface of land, without reversionary rights but including mining privileges as to the surface with a right to lay a tram thereon, and where it also appears that the plaintiff purchased the surface with full knowledge of defendant’s rights, and of the existence of the tram, and the plaintiff has never been in possession of the portion of the surface covered by the tram, the latter cannot maintain the action on the ground that the defendant hauled coal from other lands over the tram constructed on the surface.</p> <p>2. The plaintiff in an action of trespass quare clausum fregit cannot recover even nominal damages where he has never had possession nor the right of possession of the locus in quo.</p> <p>Bankruptcy — Trespass—Damages in trespass without malice.</p> <p>3. Damages in trespass without malice or willfulness are dischargable in bankruptcy.</p>