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9 Pennsylvania opinions name it 5 courts 1917–2004 0 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Glen Alden Coal Co.green1 sentence2004See, e.g., Smith at 304, 32 A.2d at 234-235 ("[I]t is well recognized in Pennsylvania that there may be three estates in land, namely, coal, surface, and right of support, so that one person may own the coal, another the surface, and the third the right of support. 'In the absence of express waiver * * * [or one clearly implied] the grantee of minerals takes the estate subject to the burden of surface support.’ 'Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.’ This servitude of su | 1 | 1 |
Tinicum Township v. Jonesgreen1 sentence2004See, e.g., Smith at 304, 32 A.2d at 234-235 ("[I]t is well recognized in Pennsylvania that there may be three estates in land, namely, coal, surface, and right of support, so that one person may own the coal, another the surface, and the third the right of support. 'In the absence of express waiver * * * [or one clearly implied] the grantee of minerals takes the estate subject to the burden of surface support.’ 'Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.’ This servitude of su | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Penman v. Jones
green
2 sentences1963Co., 270 Pa. 459 . ‘In the absence of express waiver ... (or one clearly implied) the grantee of minerals takes the estate subject to the burden of surface support.’ Penman v. Jones, 256 Pa. 418 , 422, 100 A. 1043 . ‘Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.’ Graff v. Scranton Coal Co., 244 Pa. 592 , 91 A. 508 . 1958Tn the absence of express waiver . . . [or one clearly implied] the grantee of minerals takes the estate subject to the burden of surface support.’ Penman v. Jones, 256 Pa. 416, 422 , 100 A. 1043 . ‘Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.’ Graff v. Scranton Coal Co., 244 Pa. 592 , 91 A. 508 . | 5 | 1921–1963 |
Graff Furnace Co. v. Scranton Coal Co.
neutral
2 sentences1963Co., 270 Pa. 459 . ‘In the absence of express waiver ... (or one clearly implied) the grantee of minerals takes the estate subject to the burden of surface support.’ Penman v. Jones, 256 Pa. 418 , 422, 100 A. 1043 . ‘Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.’ Graff v. Scranton Coal Co., 244 Pa. 592 , 91 A. 508 . 1963Co., 270 Pa. 459 . ‘In the absence of express waiver ... (or one clearly implied) the grantee of minerals takes the estate subject to the burden of surface support.’ Penman v. Jones, 256 Pa. 418 , 422, 100 A. 1043 . ‘Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.’ Graff v. Scranton Coal Co., 244 Pa. 592 , 91 A. 508 . | 4 | 1943–1963 |
Charnetski v. Miners Mills Coal Mining Co.
green
2 sentences1963Co., 270 Pa. 459 . ‘In the absence of express waiver ... (or one clearly implied) the grantee of minerals takes the estate subject to the burden of surface support.’ Penman v. Jones, 256 Pa. 418 , 422, 100 A. 1043 . ‘Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.’ Graff v. Scranton Coal Co., 244 Pa. 592 , 91 A. 508 . 1954Co., 270 Pa. 459 . `In the absence of express waiver . . . [or one clearly implied] the grantee of minerals takes the estate subject to the burden of surface support.' Penman v. Jones, 256 Pa. 416, 422 , 100 A. 1043 . `Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.' Graff v. Scranton Coal Co., 244 Pa. 592 , 91 A. 508 . | 2 | 1954–1963 |
Griffith ex rel. Crownover v. McKeever
green
2 sentences2004Griffith v. McKeever, 259 Pa. 605, 103 A. 335 (1918) ...”). 14 . 2004Griffith v. McKeever, 259 Pa. 605, 103 A. 335 (1918) ...”). 14 . | 1 | 2004–2004 |
Weaver v. Berwind-White Coal Co.
green
2 sentences1950In the absence of express waiver or release, the following words have been held not to waive impliedly or release surface support: "All the merchantable coal in and underlying all that tract of land, . . . with the right to mine and carry away all the said coal and with all the mining rights and privileges necessary or convenient to such mining and removal of the same.": Weaver v. Berwind-White Coal Company, 216 Pa. 195 , 65 A. 545 ; "All the coal and other minerals, lying or being in, upon or under [a certain tract]." "And the [grantee] is hereby granted the full and exclusive privilege, righ 1950In the absence of express waiver or release, the following words have been held not to waive impliedly or release surface support: "All the merchantable coal in and underlying all that tract of land, . . . with the right to mine and carry away all the said coal and with all the mining rights and privileges necessary or convenient to such mining and removal of the same.": Weaver v. Berwind-White Coal Company, 216 Pa. 195 , 65 A. 545 ; "All the coal and other minerals, lying or being in, upon or under [a certain tract]." "And the [grantee] is hereby granted the full and exclusive privilege, righ | 1 | 1950–1950 |
Dignan v. Altoona Coal & Coke Co.
neutral
2 sentences1950In the absence of express waiver or release, the following words have been held not to waive impliedly or release surface support: "All the merchantable coal in and underlying all that tract of land, . . . with the right to mine and carry away all the said coal and with all the mining rights and privileges necessary or convenient to such mining and removal of the same.": Weaver v. Berwind-White Coal Company, 216 Pa. 195 , 65 A. 545 ; "All the coal and other minerals, lying or being in, upon or under [a certain tract]." "And the [grantee] is hereby granted the full and exclusive privilege, righ 1950In the absence of express waiver or release, the following words have been held not to waive impliedly or release surface support: "All the merchantable coal in and underlying all that tract of land, . . . with the right to mine and carry away all the said coal and with all the mining rights and privileges necessary or convenient to such mining and removal of the same.": Weaver v. Berwind-White Coal Company, 216 Pa. 195 , 65 A. 545 ; "All the coal and other minerals, lying or being in, upon or under [a certain tract]." "And the [grantee] is hereby granted the full and exclusive privilege, righ | 1 | 1950–1950 |
City of St. Louis v. United Railways Co.
green
1 sentence1941Louis v. United Railways Co., 210 U. S. 266 (1908), and Puget Sound Power & Light Co. v. Seattle, 291 U. S. 619 (1934). | 1 | 1941–1941 |
Puget Sound Power & Light Co. v. Seattle
green
1 sentence1941Louis v. United Railways Co., 210 U. S. 266 (1908), and Puget Sound Power & Light Co. v. Seattle, 291 U. S. 619 (1934). | 1 | 1941–1941 |
Jones v. Wagner
green
1 sentence1917Thus in Jones v. Wag ner, 66 Pa. 429 , it is said, following the English rule, that (p. 434) “where there is no restriction or contract to the contrary, the subterranean or mining property is subservient to the surface to the extent of sufficient supports to sustain the latter, or, in default, there is liability to damages by the owners or workers of the former for any injury consequent thereon to the latter.” On the same page it is further said, quoting from Rogers on Mining, “That if an owner of lands grant a lease of the minerals beneath the surface with power to work and get them in the mo | 1 | 1917–1917 |
Horner v. Watson
green
1 sentence1917Thus in Jones v. Wag ner, 66 Pa. 429 , it is said, following the English rule, that (p. 434) “where there is no restriction or contract to the contrary, the subterranean or mining property is subservient to the surface to the extent of sufficient supports to sustain the latter, or, in default, there is liability to damages by the owners or workers of the former for any injury consequent thereon to the latter.” On the same page it is further said, quoting from Rogers on Mining, “That if an owner of lands grant a lease of the minerals beneath the surface with power to work and get them in the mo | 1 | 1917–1917 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.