McElroy Coal Co. v. Michael and Patricia Schoene

Summary

Justice Ketchum partially concurred with and partially dissented from the West Virginia Supreme Court of Appeals' decision in a certified-question case concerning whether a 1902 deed's waiver of subjacent support barred a common-law claim for subsidence damage. He concluded that the waiver did not encompass longwall mining because that method was not within the parties' contemplation when the deed was executed, while agreeing with the majority's answers to the other certified questions.

Holdings

1. In Justice Ketchum's view, the waiver did not bar the claim because longwall mining was unknown in Marshall County in 1902 and therefore was not within the contemplation of the parties when the deed was executed.

Questions Presented

1. Whether a broad waiver of subjacent support in a 1902 coal severance deed barred the plaintiffs' common-law claim for subsidence damage caused by longwall mining.
2. Whether a deed waiver of subjacent support applies to mining methods that were not within the contemplation of the parties when the deed was executed.

Disposition

other