Dignan v. Altoona Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 1, Oct. T., 1908, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1905, No. 88, on verdict for plaintiff in case of Mary Dignan v. Altoona Coal & Coke Company. Trespass to recover damages for injuries to surface of land. Before O’Connor, P. J. At the trial it appeared that on January 28, 1887, Mary Dig-nan granted to the defendant’s predecessor in title, for the sum of 82,500, certain coal in Gallitzin township.
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Appeal, No. 1, Oct. T., 1908, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1905, No. 88, on verdict for plaintiff in case of Mary Dignan v. Altoona Coal & Coke Company. Trespass to recover damages for injuries to surface of land. Before O’Connor, P. J. At the trial it appeared that on January 28, 1887, Mary Dig-nan granted to the defendant’s predecessor in title, for the sum of 82,500, certain coal in Gallitzin township. The material portions of the grant were as follows: “All the coal and other minerals, lying or being in, upon or under all that certain piece or parcel of land…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In Pennsylvania the rule has always been that in a grant of all the coal underlying a tract of land, the grantor, in the absence of an express waiver, or, which is the same thing, the use of words which by necessary implication. mean a waiver, is *394entitled to have his surface reasonably supported by the coal stratum granted. This rule has never been departed from, and as late as Weaver v. Berwind-White Coal Mining Company, 216 Pa. 195, was reasserted- and followed. Nor do we understand this rule to be questioned by the learned counsel for appellant, but, it is…
2Cases cited4 opinions
- Scranton v. PhillipsSupreme Court of Pennsylvania · 1880
- Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907
- Miles v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1907
- Madden v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1905
3Cited by8 opinions
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Stilley v. Pittsburgh-Buffalo Co.Supreme Court of Pennsylvania · 1912
- Lenox Coal Co. v. Duncan-Spangler Coal Co.Supreme Court of Pennsylvania · 1920
- Piedmont & George's Creek Coal Co. v. KearneyCourt of Appeals of Maryland · 1911
- Peters v. Bellingham Coal MinesWashington Supreme Court · 1933
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