POTTS RUN COAL CO. v. BENJAMIN COAL CO.


285 Pa.Super. 128 (1981)

426 A.2d 1175

POTTS RUN COAL COMPANY, v. BENJAMIN COAL COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed March 6, 1981.

Petition for Allowance of Appeal June 2, 1981.


Attorney(s) appearing for the Case

John M. Elliott, Philadelphia, for appellant.

Joseph Colavecchi, Clearfield, for appellee.

Before SPAETH, WICKERSHAM and LIPEZ, JJ.


LIPEZ, Judge:

In this case we are called upon to determine whether, under the facts presented, the grantor of the right to mine coal and clay to exhaustion may maintain actions for trespass to land and conversion with regard to the coal and clay so conveyed. We hold it cannot.

The basic facts appear to be undisputed. Appellant Benjamin Coal Company is the ultimate assignee of the rights to mine coal and...

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