Republic Iron & Steel Co. v. Barter

This is an action of trespass on the cas’e by the appellee against appellant, to recover damages to her estate occasioned by subsidence of the surface resulting from destroying the subjacent supports in conducting mining operations.

The evidence is without dispute, except as ' to the quantum of the damage suffered, and for the purpose now in hand may be stated to be: That the plaintiff is the owner of the surface and the defendant is the owner of the mineral rights thereunder, with the right to mine and remove the mineral, to use necessary water and timber for mining purposes and for building…