Graham v. Drydock Coal Co.

[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 311.] GRAHAM, APPELLANT, v. DRYDOCK COAL COMPANY, APPELLEE; HOLMES ET. AL., APPELLANTS. [Cite as Graham v. Drydock Coal Co.,

1996-Ohio-393.] Mining—Deed severing mineral estate from surface estate, and reserving right to use surface incident to mining coal, does not reserve right to strip-mine to mineral owner, when. A deed which severs a mineral estate from a surface estate, and which grants or reserves the right to use the surface incident to mining coal, in language peculiarly applicable to deep-mining techniques,…