Evans Fuel Co. v. Leyda

I am compelled to dissent from the majority opinion.

Edythe E. Leyda had a verdict and judgment for damages against the plaintiffs in error for causing her land to sink by mining coal under it.

The facts were that Leyda purchased the premises from *364Mary Clark Steele and others by deed purporting to convey the fee upon the following qualifications: “Provided always, and these presents are upon the express condition that all coal, gas, oil or all other valuable mineral deposits in or under said premises already, or which may hereafter be found are reserved to, and excepted by the first parties…