Wells v. American Electric Power Co.

This is an appeal from a decision of the Vinton County Court of Common Pleas granting appellees’ motion for summary judgment. We affirm.

The record reveals the following facts. In 1958 and 1959, appellants or appellants’ predecessors conveyed by deed to the Ohio Power Company all of the No. 4A coal beneath their respective properties. The deeds specifically gave Ohio Power “the right to mine and remove the said coal by underground mining processes.” The deeds also contained language waiving “all damages in any manner arising” from the mining and removal of the coal. Ohio Power paid appellants…