Stewart v. Chernicky
266 A.2d 259, 439 Pa. 43, 1 ERC (BNA) 1357 (1970)
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Rule of Law:
A deed granting general rights to 'mine' coal, which also contains language specific to deep mining methods, does not grant the right to engage in strip mining that destroys the surface estate. Furthermore, a lessor of mineral rights is not liable for the tortious mining activities of their lessee unless the lessor directly participates in those activities.
Facts:
- In a 1902 deed, D. W. Bartow conveyed the rights to all coal under a 21 1/4 acre tract to Horace A. Noble, while Bartow retained ownership of the surface.
- The deed granted the right to 'mine' and remove the coal and included a release from liability for injury to the surface from 'said operations'.
- The deed also specifically mentioned the 'right to drain and ventilate said mines by shafts or otherwise,' a method associated with deep mining.
- The Thomas M. Stewart Estate eventually became the owner of the surface, and Vincent C. and Lois Conner became the owners of the coal estate.
- On March 8, 1962, the Conners leased their coal rights in the tract to Peter Chernicky and E. G. Kriebel, trading as C & K Coal Company.
- The lease document designated the tract in a potentially confusing manner and stated that the Conners were only granting such mining rights as they actually owned.
- In 1963, C & K Coal Company strip mined approximately six to seven acres of the tract without the consent of the Stewart Estate, causing extensive surface damage.
Procedural Posture:
- The Thomas M. Stewart Estate sued C & K Coal Company and the Conners in the Court of Common Pleas of Clarion County (trial court).
- A jury trial resulted in a verdict of $10,200 in favor of the Stewart Estate against all defendants.
- All defendants filed motions for judgment notwithstanding the verdict (judgment n.o.v.) or, in the alternative, for a new trial.
- The trial court granted the motions for judgment n.o.v. in favor of both C & K Coal Company and the Conners.
- The Stewart Estate, as appellant, appealed the entry of judgment n.o.v. to the Supreme Court of Pennsylvania.
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Issue:
Does a 1902 deed granting the right to 'mine' coal, which also mentions features specific to deep mining like ventilation shafts, authorize the coal estate owner to engage in strip mining, and is the lessor of such rights liable for a lessee's subsequent unauthorized strip mining?
Opinions:
Majority - Mr. Justice Eagen
No. The deed did not authorize strip mining, and the lessor is not liable. A general grant to 'mine' does not include the right to destroy the surface through strip mining when the deed's language implies that only deep mining was contemplated. The court's primary duty is to ascertain the intent of the parties at the time the deed was executed in 1902. Given the destructive nature of strip mining, the burden is on the party seeking to destroy the surface to show a positive indication that the parties agreed to authorize it. The deed’s reference to ventilating mines by 'shafts' is language 'peculiarly applicable to underground mining' and strongly indicates that the parties contemplated deep mining, not strip mining. Therefore, the deed's release from liability for 'said operations' applies only to damages from deep mining. Regarding the Conners' liability, a lessor is not responsible for the tortious acts of their lessee without direct participation. The Conners' lease was effectively a quitclaim deed transferring only the rights they possessed, and there was no evidence they participated in or directed C & K's unauthorized operations; merely collecting royalties is insufficient to establish liability.
Analysis:
This decision establishes a strong presumption against the right to strip mine when interpreting historical mineral deeds that do not explicitly grant that right. It places the burden of proof squarely on the mineral rights holder to demonstrate that the original parties to the severance deed intended to allow for the destruction of the surface estate. The ruling protects surface owners from the unforeseen consequences of modern, highly destructive mining techniques not contemplated at the time of the original grant. It also reinforces the principle of lessor non-liability, insulating passive lessors from responsibility for a lessee's tortious conduct, provided they do not actively participate in the wrongful acts.
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