Tolliver v. Pittsburgh-Consolidation Coal Co.

' CAMMACK, Judge.

The appellants, as owners of an undivided interest in the surface of lands being mined by the appellee, instituted this action to enjoin an alleged nuisance, namely, the operation of the appellee’s coal tipple and washing plant. They sought. also to recover damages allegedly resulting to their surface rights from that operation. The trial judge dismissed the complaint on the appellee’s motion for summary judgment. Apparently, he concluded that the broad language of the appellee’s mineral deed authorized the operation in question.

The appellants urge a reversal on the grounds…