133. Effect of absence of compensation provisions.

The absence of a provision for compensation is almost conclusive that the common law obligation is to continue1, and the inadequacy or inappropriateness of the compensation, if applied to damage by subsidence, is cogent evidence that subsidence was not contemplated2. Thus a provision for a yearly payment to the surface occupiers for damage and spoil of ground during the time of working cannot apply to subsidence damage, for such damage injures the owner, and may not occur until the workings have ceased

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