McArthur v. BALAS

Opinion by

Mk. Justice Benjamin R. Jones,

David McArthur and Bertha McArthur, his wife, owned land, improved with a dwelling house, in Fore-ward Township, Allegheny County. To the rear of and adjoining McArthurs’ property was a large tract of land owned by Andrew Balas and John Balas, Jr. (herein called Balas). The Balas’ land was on a hillside at a considerable elevation above and sloped downward toward McArthurs’ property. Balas’ land contained a “four foot” vein of coal which lay near the surface.

On February 13, 1953, Balas entered into a coal lease agreement with Joseph E. Gross under the…