Boyer v. Old Ben Coal Corp.

In an action on the case appellant sought to recover damages to his real estate caused by subsidence resulting from the mining of coal by appellee. The latter filed a plea setting up that the parties acquired title from a common source and that appellant procured his title subsequent to the execution of the lease held by appellee and subject to the terms thereof. That under the lease held by appellee it had the right to mine and remove all coal from under the premises in question. That the lease, after describing the premises, provides as follows: “Situated in the county of Franklin in the…