ESGRO v. GIBBONS


169 Pa.Super. 217 (1951)

Esgro v. Gibbons, Appellant.

Superior Court of Pennsylvania.

July 19, 1951.


Attorney(s) appearing for the Case

Robert J. Cassidy, with him Clarence E. Davis, for appellants.

Edward F. Peduzzi, with him Smorto, Peduzzi & Taylor, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY HIRT, J., July 19, 1951:

Under grant contained in a lease of a deep mine from the owner of the land, plaintiffs acquired the mining rights to the "D" seam of coal. Access to the mine and tipple was had over existing roads which had been laid out by the owner and surfaced with shale and red dog from the mine. As an incident of the grant plaintiffs acquired the right to use the roads in the mining and removal of the coal (Greek v. Wylie,

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