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Property Keyed to Saxer
Pennsylvania Coal Co. v. Mahon
Citation:
260 U.S. 393 (1922).
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The Plaintiff, Pennsylvania Coal Co,, owned a plot of land. It later conveyed the land to the Defendant, Mahon, but retained the mining rights beneath the property. The deed conveying the property stated in express terms that the Plaintiff reserved the right to remove all the coal under the land and that the Defendant was taking the property subject to all risks associated with any mining and was waiving all for damages that may arise from any mining.
In 1921, the state of Pennsylvania passed the Kohler Act. The Kohler Act prohibited the mining of coal in a way that could possibly compromise any structure of human habitation. The Defendant brought suit stating that the Kohler Act took away whatever rights the Plaintiff might have had.
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