Kodak Coal Company v. Smith

CLAY, Commissioner.

These consolidated actions involve the right of appellant coal companies to engage in the “auger” method of mining upon lands in which they have title to coal by virtue of a mineral deed. Appellees, owners of the surface, sought to enjoin appellants from engaging in this particular mining activity and appellants likewise sought injunctive relief. The Chancellor enjoined appellants from further coal mining by the auger method.

The language of the mineral deed involved in these actions is substantially identical with that contained in the deeds considered in the cases of…