McElroy Coal Co. v. Michael and Patricia Schoene
West Virginia Supreme Court
1Opinion of the Court
LOUGHRY, Justice:
This matter is before the Court upon a July 18, 2017, order of the United States Court of Appeals for the Fourth Circuit certifying the following four questions to this Court:(1) Under West Virginia law, does a deed provision (1902) transferring the right to mine coal "without leaving any support for the overlying strata and without liability for any injury which may result to the surface from the breaking of said strata," prohibit a surface estate owner from pursuing a common law claim for loss of support arising from subsidence caused by the extraction of coal from below…
Also in this document: Concurring in part, dissenting in part · Workman; Concurring in part, dissenting in part · Ketchum; Concurring in part, dissenting in part · Walker.
2Cases cited34 opinions
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
- Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
- State v. ElderWest Virginia Supreme Court · 1968
- Hayseeds, Inc. v. State Farm Fire & Cas.West Virginia Supreme Court · 1986
- Cotiga Development Co. v. United Fuel Gas Co.West Virginia Supreme Court · 1962
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3Cited by4 opinions
- Jason Wilhelm and Crystal Wilhelm v. Tunnel Ridge, LLCIntermediate Court of Appeals of West Virginia · 2025
- Michael Schoene v. McElroy Coal CompanyCourt of Appeals for the Fourth Circuit · 2018
- Michael v. The Harrison County Coal CompanyDistrict Court, N.D. West Virginia · 2019
- State of West Virginia v. Jay FolseWest Virginia Supreme Court · 2023