Heningkamp v. Valley Smokeless Coal Co.

Opinion by

Mr. Justice Schaefer,

This action was brought by the surface owner of land, to recover damages from the owner of the underlying coal, for injuries to the surface, resulting from mining operations; the verdict was in plaintiff’s favor. Judgment was entered for defendant notwithstanding the verdict ; plaintiff appeals.

The dispute arises out of the wording of the granting clause in the deed from Kaufman (owner of both surface and coal) to Cauffiel, defendant’s predecessor in title, conveying all the minerals underlying the tract of land subsequently acquired from Kaufman by plaintiff,…