Petrelli v. West Virginia-Pittsburgh Coal Co.

Lykoti, Judge:

Of the two causes of action, according to the averments of the declaration, one is defendant’s mining and removal of a material part of the Pittsburgh seam of coal underlying lands jointly owned by plaintiffs, without their knowledge or consent,, the other ,the consequential impairment or destruction of a natural surface issue of water from the land resulting from such operation. Defendant by demurrer challenges the sufficiency of the declaration, but as it seems to be in the form usual in cases of this sort and without any substantial imperfections, and none are pointed out,…