Simmers v. Star Coal & Coke Co.

Ii at CHER, Judge:

This action involves the right of surfaóe owners to recover for injuries to their property, caused by the removal of all the coal from under the land, there having been a severance of the title to the coal and the surface. The surface owners secured a judgment for damages in the lower court, and a writ of error followed.

In the deed effecting the severance (made in 1892) the surface (only) was conveyed, and the right to remove the coal reserved in the following terms:

“And the said parties of the first part hereby reserve the right to mine and ship by the most practicable…