Woods v. Pittsburg Coal Co.

Citations

• 230 Pa. 197
• 79 A. 499
• 1911 Pa. LEXIS 588

Syllabus

<p>Mines and mining — Surface support — Right of action.</p> <p>1. The removal of coal without leaving or providing adequate support for the surface, is in itself an injury to the owner. The injury is not in any way dependent on the natural subsidence or caving in of the surface, but exists at once when any part of the surface has been endangered by leaving it without support. It follows necessarily, that when the duty to support has been violated, a cause of action at once arises, if for nothing more than to vindicate the right of support. The owner of the surface is not required to await the completion of the mining operation, and then bring his action for the damages sustained.</p> <p>2. Where injury is of a continuous nature, every fresh injury is a ground of action, and the person whose property is injured thereby may maintain separate and distinct suits therefor, each embracing all causes of action therefrom up to the time of the action brought.</p> <p>3. Where mining operations under a farm of 238 acres injure the surface of forty acres of the farm, the owner has a right of action for the injury sustained to the forty acres, and does not have to wait until the coal is removed from under the whole farm. Noonan v. Pardee, 200 Pa. 474, discussed, explained and distinguished.</p> <p>Mines and mining — Surface support — Equity—Adequate remedy at law.</p> <p>4. Where mining operations under a tract of land have progressed only so far as to injure the portion of the surface over the space mined out, the owner of the surface has an adequate remedy at law for the injuries so far sustained, and is not entitled in a bill in equity to restrain operations under the remainder of his land on the ground that he might be subjected to a multiplicity of suits. It does not follow in such a case that a multiplicity of suits would necessarily result, inasmuch as one compensatory verdict might have the effect of avoiding any occasion for a second suit.</p>