Westerman v. Pennsylvania Salt Manufacturing Co.

Citations

• 260 Pa. 140
• 103 A. 539
• 15 A.L.R. 943
• 1918 Pa. LEXIS 482

Syllabus

<p>Mines and mining — Sale of underlying coal — Passageway— Suspension of mining operations — Exhaustion of coal — Abandonment —Bill in equity■ — Grantee’s right to transport coal from other mines —Injunction—Refusal.</p> <p>1. The owner of the coal underlying the surface of land also owns the chamber or space enclosing it, and so long as such ownership continues can use such space for the transportation of other coal, and cannot he charged rental for so doing.</p> <p>2. While'a tract is being mined, that is in op.en workable condition, tbe fact that there may be a temporary suspension of operations therein will not deprive the mine owner of the right to use the driveways for transportation of other coal, where he is acting in good faith and mining in the customary manner.</p> <p>3. The owner of the coal has no perpetual right of way through the land, and the right will cease when the coal therein is exhausted or abandoned.</p> <p>4. Upon a bill in equity for an injunction to restrain the use of a passageway, under plaintiff’s land, for the transportation of coal from other lands owned by defendant, and for an accounting, it appeared that defendant had purchased the coal underlying approximately 2,500 acres of land for mining purposes, including 80 acres purchased from the plaintiff; that defendant had driven a main passageway into the block and through plaintiff’s farm, and thence on into other lands. The coal underneath plaintiff’s land had béen mined except twenty-five or thirty per cent., which was left in place to support the surface. For several years no mining had been done but defendant was still in possession of the mine and might at any time remove the ribs of coal by second mining, which would destroy the supports and let down the surface. Defendant had for a number of years used the main entry or driveway through plaintiff’s farm as the means of transporting coal from the lands in the rear thereof, this being the only practicable way of mining such coal.