Llewellyn v. Philadelphia & Reading C. & I. Co.

Opinion by

Mr. Justice Kephart,

The ancestors of appellants in 1873 leased an anthracite coal property for the term of five years. In 1876 this lease was cancelled and a new though similar lease was substituted for it by appellee, who had acquired the premises from the previous owner and lessor. The new lease was for the term of ten years. Both leases gave the lessees the right to “deposit the slate, dirt, and other refuse, either from the breaker or from the mine, in such convenient places as the party of the first part, or their engineer or agents, might direct.”

When the first lease was made,…