Pennsylvania Coal & Coke Corp. v. Duncan-Spangler Coal Co.

Opinion by

Cunningham, J.,

The question involved upon this appeal is one of law —whether the court below erred in holding, under the several written instruments relied upon by the respective parties, that the defendant, as the owner of a seam of coal, was not required, when mining and removing the same, to support an overlying vein owned by the plaintiff.

As we understand the record, it is conceded, at least for the purposes of this case, that in 1907, Blubaker Coal Company was the owner in fee of two strata or seams of bituminous coal underlying some eight hundred acres of land in Susquehanna…