Mahon v. Pennsylvania Coal Co.

Opinion by

Mr. Chief Justice Moschzisker,

This is an appeal from a decree dismissing a bill in equity; plaintiffs, man and wife, asked that defendant, a *494Pennsylvania corporation, be restrained from mining any coal underlying the former’s property in tbe City of Pittston, “tbe removal of which will cause the caving-in, collapse or subsidence of their dwelling house,” contrary to the Act of May 27, 1921, P. L. 1198, commonly known as the Kohler Act.

At the outset, it may be stated that, so far as the contractual rights of the respective parties are concerned, as shown by the paper title to the…