189 Pa. 156 | Pa. | 1899
Opinion by
Eliza Lewis and Eliza H. Lewis, being the owners in fee of about fifteen acres of land in Wilkins township, Allegheny county, conveyed to Albert H. Sutton all the merchantable coal underlying it; from Sutton, by regular conveyance, the title to the coal became vested in one Jacob Weinman, who leased it to Gottlieb Vogel, the defendant; by the terms of the Lewis deed to Sutton, the latter was granted a right of way into, upon and under the land, at such points and in such manner as might be necessary for purpose of mining the coal; the coal having already been worked to a considerable extent, he was further granted the right to use the tramways then in the mine and the platform connected therewith.
An examination of the questions at issue in Webber v. Vogel, supra, shows that the main contention there, was, as to the right of Vogel to deposit slack and refuse from the Weinman tract on Webber’s land at the pit’s mouth, and the right to haul coal over the surface of the same land to the Greensburg turnpike; if in so doing he trespassed on Webber, then what damage had
The decree is affirmed.