H. C. Frick Coke Co. Appeal

Opinion by

Mr. Justice Jones,

This is an appeal by the petitioners from an order of a State Mining Commission denying them damages for certain coal required to be left in place as vertical support for a State highway which traverses the overlying surface. The Commission based its action on the ground that the petitioners’ claim was barred by the statute of limitations.

The plan for the highway, State Route 119 (United States Route 30), was approved by the Governor on September 30, 1930. Subsequently, the H. C. Frick Coke Company (hereinafter referred to as Frick) acquired title to the coal…