Lehigh Valley Coal Company Appeal

Opinion by

Mr. Justice I-Iughes,

This appeal arose on exceptions to the decree of a State Mining Commission holding that no coal owned by the appellant was taken by the Commonwealth of Pennsylvania for the support of Pierce Street as a State Highway; that 50% of the original solid coal must be left in place for the support of Pierce Street, and that the appellant may mine 152,935 tons within the support area, the balance of the unmined coal to be left in place.

The Act of June 25, 1937, P. L. 2279, 2301, Route 40116 (36 PS §1753-2, page 509), declared Pierce Street in the Borough of Kingston,…