Corcoran v. Franklin County Coal Co.

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellant sought to recover damages to his house and lot due to subsidences, alleged to have been caused by appellees in the mining of coal. The general issue and several special pleas were filed. Demurrers to the sixth and seventh pleas were overruled and appellant electing to abide by his demurrers the suit was dismissed at his costs.

The sixth plea avers that the deed to appellant for the lot in question contained this provision: “Reserving the coal under said lot and the right to mine same, and is not held responsible for any…