Francis v. Darlington Brick & Mining Co.

Opinion by

Gawthrop, J.,

This is an action of trespass to recover damages for the tortious taking of certain of plaintiffs’ coal and for making unmineable the coal within an area of about three acres of land. The statement of claim averred that William J. Nixon and wife, the owners in fee simple of a farm in South Beaver Township, Beaver County, containing about thirty-six acres, granted and conveyed to plaintiffs on August 12, 1922, all the coal underlying said land and known as the Kittanning vein, with the right to enter upon the land and mine and carry away the coal upon payment to the…