Moravecz v. Hillman Coal & Coke Co.

Opinion by

Mr. Chief Justice Jones,

This action in assumpsit was instituted by the plaintiffs as the owners of certain surface land to recover damages for the alleged breach of a covenant by the defendant lessee of underlying coal to “drill a Avell and install a pump to furnish a sufficient supply of good water” to buildings of the surface owner in the event that the existing supply of Avater Avas damaged by mining operations of the lessee of the coal. At trial, the jury returned a verdict in favor of the plaintiffs for $6,250 whereon the court below entered judgment after overruling the…