241 Pa. 481 | Pa. | 1913
Opinion by
From the judgment entered by the court below in the present case both parties appealed. The appeal by the defendant was disposed of in an opinion just handed down. This is a cross appeal by the plaintiff. It is urged that the royalty value of the coal fixed by the court below was not a proper measure of its value in place, and that plaintiff was entitled to recover the value of the coal at the pit’s mouth, deducting therefrom the cost of mining and haulage. We have already disposed of this question in the former appeal, and but littie can be added to the discussion here. The value of the coal at the pit’s mouth should never be allowed in this class of cases, if there is evidence to show its value in place. The cases in which the value of coal at the pit’s mouth was allowed are so exceptional as to form no rule at all, and this measure of damages was allowed only as an alternative or permissive method in the absence of evidence to prove value of the coal in place. In such cases the fact to be determined is the value of coal in place, and not what it is worth as a commodity in the market after severance from the main body. A lease of all the coal underlying a tract of land with the right to mine and remove it, at a price per ton as royalty is equivalent to a sale of the coal in place. It has been so decided in numerous Pennsylvania cases. This is why the royalty basis may be adopted as a measure of damages if the facts warrant the application of the rule. If the mine is immediately available for operation and there is a present market for the.coal underlying the tract at a price per ton, this method may be adopted in ascertaining the value of the coal in place. If there is no such present market, then, the acreage value of the coal in its natural state would be the proper measure of damages. The cost of mining and hauling the coal to the pit’s
As to the fuel coal it need not only be said that the record in the present case discloses no facts to take it out of the rule announced in Wright v. Warrior Run Coal Co., 182 Pa. 514. It was there decided that under the custom prevailing in the anthracite coal region, coal used by a lessee in the operation of the mine is not subject to royalties. In principle that case rules the one at bar as the learned court below held.
Appellant also contends that interest should have been allowed by way of compensation for detention. The learned trial judge decided this question against the plaintiff and very properly so. The demand was grossly excessive and unreasonable as is shown by the verdict returned. The demand was for more than $2,000,000.00, while the verdict was for a little over $100,000.00. Under these facts the rule of Stevenson v. Coal Co., 203 Pa. 316, and Pierce v. Coal Co., 232 Pa. 170, clearly applies.
It is also argued that plaintiff was entitled to re
Appeal dismissed.