Muzzio v. Steele

Opinion by

Mr. Justice Schaffer,

In this action, plaintiffs, — who are the surface owners of land underlaid with coal, and who never owned the *228coal, unless it attached to their surface title by reason of the failure of those who did own it to completely mine it out, — seek to recover not only damages to the surface due to the removal of supporting pillars, but treble damages for removing and converting the coal itself. They recovered a verdict for the damage done to the surface, but were denied recovery by the court below for the coal mined out; their appeal is from the decision as to the…