Esgro v. Gibbons

Opinion by

Hirt, J.,

Under grant contained in a lease of a deep mine from the owner of the land, plaintiffs acquired the mining rights to the “D” seam of coal. Access to the mine and tipple was had over existing roads which had been laid out by the owner and surfaced with shale and red dog from the mine. As an incident of the grant plaintiffs acquired the right to use the,roads in the mining and removal of the coal (Greek v. Wylie, *219266 Pa. 18, 109 A. 529) and the roads were adequate for the purpose. About nine months after plaintiffs began taking out coal under their lease the owners of the…