Walsh v. Kansas Fuel Co.

The opinion of the court was delivered by

Marshall, J.:

In this action the plaintiff seeks to recover damages for the subsidence of the surface of real property, caused by mining coal therefrom. Judgment was rendered in favor of the defendants, and the plaintiff appeals from the judgment in favor of the Kansas' Fuel Company.

Under a lease, the Kansas Fuel Company mined coal from land owned by the plaintiff. Mining operations under that lease were commenced in 1903 and continued until about April 1, 1912. After the coal had been taken from the land, portions of the surface thereof subsided, or…