Mount Carmel Railroad v. M. A. Hanna Co.

Opinion by

Mr. Justice Allen M. Stearns,

The basic question raised by this appeal is whether or not M. A. Hanna Company, the appellee, possesses *234the right to strip mine coal underlying the railroad of Mount Carmel Railroad Company (owner) and Reading Company (lessee) appellants herein. The court below decided that it had such right and dismissed the bill in equity seeking to restrain appellee from strip mining the coal underlying appellants’ railroad. This appeal followed.

The right of appellee to strip mine the coal depends upon the interpretation of a written document dated September 29, 1891,…