Home Brewing Co. v. Thomas Colliery Co.

Opinion by

Mr. Justice Kephart,

The facts involved in the present appeal are simple; the only conflict in the evidence appears from the testimony of the experts as to what might possibly happen to the surface of plaintiff’s lots from future mining under conditions as they now are or may be developed. The record is quite voluminous.

Sometime prior to 1900 the Stephen Girard estate leased to the Thomas Coal Company coal lands situated north of Line Street, Shenandoah, and that company mined the property. Plaintiff, in that year, became the owner of several lots of ground south of the land of the…