Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 6
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DECISIONS ON MINES AND MINING.
INJURY TO MINE-LIABILITY OF SURFACE OWNER.
A deed conveyed to the grantees all the coal and other minerals
lying in and under the surface of the land conveyed without liability
"for any damages done to the surface of said described tract of land
in consequence of mining and working out said coal by the usual
mode of mining and working the same." By th4 terms of the deed
the grantees were to have the "perpetual right and privilege of pass-
ing through and under said described tract of land with other coal
and minerals." The surface was subsequently conveyed to another,
the deed "excepting and reserving therefrom and thereout all the
coal underlying the same and the right to mine, take, and carry away
all said coal, and also the right to use and occupy any and all entries
under said tract of land and the right to enter upon said tract of land
for the purpose of repairing any entry or entries that may become
necessary, and the right to use said entries for the transportation of
any coal that lies in that vein or strata." The deed expressly pro-
vides that it was without liability for surface support. During a long
period of time while active coal mining was suspended the grantees,
by the construction of drains and ditches, caused the surface water
and vast quantities of debris to be washed into and partly fill the en-
tries of the mine. Subsequently the coal was leased to the complain-
ants, and thereafter the surface owners continued to drain the water
and debris into the mine, filling up the entries, obstructing the entries,
and damaging the mine. In an action by the lessees against the sur-
face owners for damages they were only entitled to recover damages
for injuries done to the mine after the execution of the lease, and the
burden was on the lessees to show the injuries for which they claim
damages arose subsequent to the time they took possession under
their lease and to show what part of the damages claimed was due to
the removal of accumulations after the date of the lease. The cost
of the removal of debris accumulated since the complainants took
possession under their lease was a sufficient basis for a determination
by the jury of the damages, and these were questions of fact to be
submitted to the jury and not questions of law to be determined by
Sorg v. Frederick (Pennsylvania), 100 Atlantic 481, p. 482.
OIL AND OIL LANDS.
WITHDRAWALS-BONA FIDE OCCUPANTS PROTECTED.
The act of Congress of June 25, 1910 (36 Stat., 847), and as
amended by the act of August 24, 1912, (37 Stat., 497) contains a
proviso protecting bona fide occupants of oil lands who at the date
of a withdrawal order are in diligent prosecution of work leading to
the discovery of oil or gas. Under this proviso an occupant of an
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/20/: accessed September 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.