Valley Smokeless Coal Co. v. Manufacturers' Water Co.

Opinion by

Mr. Justice Sadler,

The Valley Smokeless Coal Company, under contract of February 16, 1907, granted the Manufacturers’ Water Company permission to lay a pipe line over its property for 2,800 feet, of which three-fourths was to be placed in a tunnel. The grantee agreed, in consideration, to protect the workings of the grantor, and at all times to support its structure so that no damage should be inflicted, stipulating that all rights should be forfeited if it failed to do so. Plaintiff promised to leave unmined a strip 25 feet wide under the tunneled part of the line, reserving,…