Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 82
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DECISIONS ON MINES AND MINING.
such conditions the lessor is not required to prove the presence of
minable and merchantable coal in the land. The lessee may ter-
minate the lease and with it the obligation to pay the minimum roy-
alty by proving a failure of consideration in that actual mining has
demonstrated that merchantable coal is not to be had.
Bowland v. Anderson Coal Co. (Iowa), 162 Northwestern 321.
LIABILITY OF LESSOR FOR NEGLIGENCE OF LESSEE.
An owner and lessor of a coal mine can not, in the absence of
some provisions in the lease to that effect, be held liable in damages
for injuries sustained by an employee of the lessee where such injuries
were occasioned by the negligence of the lessee.
Stearns Coal & Lumber Co. v. Spradlin (Kentucky), 195 Southwestern 781, p. 782.
OIL AND GAS LEASES.
CONSTRUCTION-INTEREST RELATING TO REAL ESTATE.
An oil and gas mining lease, whether a chattel real, an incorporeal
hereditament, or whatever term, is a right or interest relating to
real estate, .and while it does not rise to the dignity of an estate prior
to entry by a lessee, yet it is property and as such is subject to
transfer and sale.
Shaffer v. Marks, 241 Federal 139, p. 142.
CONSTRUCTION-KNOWLEDGE AND INTENTION OF PARTIES.
In the construction of an oil and gas lease the courts must assume
that when the parties executed the lease they did so with knowledge
of the construction placed upon such contracts by the highest court
o4 the State. The court must also assume in the construction of
such a lease that the parties knew of the vagrant and fugitive char-
acter of oil in place.
Lynch v. Davis (West Virginia), 92 Southeastern 427, p. 429.
PRACTICAL CONSTRUCTION-ADOPTION BY COURT.
In the construction of an ambiguous oil and gas lease a court, in
order to ascertain the intention of the parties, will consider the inter-
pretation placed upon the lease by the parties themselves and will
look also to their actions thereunder before any controversy arose
between them as to its meaning. And such construction, when
reasonable, will be adopted and enforced by a court and the construc-
tion placed thereon by the parties will prevail if the language will
reasonably allow of such construction, although the court would
probably adopt a different one but for the particular construction
already placed by the parties on their agreement.
Bearman v. Dux Oil & Gas Co. (Oklahoma), 166 Pacific 199, p. 201.
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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/m1/96/: accessed January 18, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.