Boyle v. Coleraine Colliery Co.

Opinion by

Mr. Justice Stern,

On February 10, 1930, defendant leased to J. P. Flanagan and Company “that certain breaker with the appurtenances, such as sufficient ground on which to dump culm, silt and rock, situate in the town of Junedale, County of Carbon, State of Pennsylvania, known as the Coleraine Breaker, together with the right of ingress, egress and regress for the term and period of one year,” and the rental was a certain designated sum per ton on all coal prepared through the breaker, with a stipulated minimum. The lessee agreed to deposit all waste materials only in such places as…