Pennsylvania Coal Co. v. Mahon
Supreme Court of the United States
1Opinion of the CourtJustice Holmes
-This is a bill in equity brought by the defendants in erW to prevent the Pennsylvania Coal Company from mining under their property in such way as to remove thé supports and cause a subsidence of the surface and of their house. The bill sets' out a deed executed by the Coal Company in 1878, under which the plaintiffs claim. The deed conveys the surface, but in express terms reserves the right to remove all the coal under the same, and the grantee takes the .premises with the risk, and waives all claim for damages that may arise from mining out the coal. But the plaintiffs say that whatever…
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