Lehigh & Wilkes-Barre Coal Co. v. Pittston Coal Mining Co.

Opinion by

Mr. Justice Walling,

Plaintiff and defendant, coal mining companies, own and operate adjoining mines in Hanover Township, Luzerne County, that of the latter being on the higher elevation. In' 1918, defendant drove a tunnel through rock some eight hundred and fifty feet on its own land to reach another body of coal, and reaching a space of broken rock about twenty feet from plaintiff’s line. The tunnel was driven on a slightly ascending grade, while a ditch within and along the side of the tunnel was constructed on a slightly descending grade, ending lower than where it began. This…