Stewart v. Chernicky

266 A.2d 259 (1970)

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Stewart v. Chernicky

Pennsylvania Supreme Court
266 A.2d 259 (1970)

  • Written by Robert Cane, JD

Facts

Peter Chernicky and E. G. Kriebel (defendants) formed C & K Coal Company (CK Coal), a partnership, to strip mine coal. CK Coal conducted strip mining on a tract of land with divided ownership. Ownership of the undeveloped 21.25-acre tract of woodland was split between ownership of the surface land by the estate of Thomas Stewart (the Stewart estate) (plaintiff) and the coal rights by Vincent and Lois Conner (defendants). The deed conveying title to the coal referred to ventilation of “said mines by shafts.” The deed also included a release of liability for damages for injuries to the surface arising from any of “said operations.” CK Coal had leased the coal rights to the tract from the Conners. CK Coal did not conduct a survey of the land prior to strip mining. CK Coal stripped six or seven acres of the tract, extensively damaging the surface, without the consent of the Stewart estate. The Stewart estate brought an action against CK Coal and the Conners for damages to the surface land. The jury returned a verdict for the Stewart estate and awarded damages of $10,200. CK Coal and the Conners filed motions for judgment notwithstanding the verdict, which the trial court granted. The Stewart estate appealed.

Rule of Law

Issue

Holding and Reasoning (Eagen, J.)

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