190. Persons liable for withdrawal of support.

190.     Persons liable for withdrawal of support.

If the withdrawal of the support is wrongful, the person who has made the excavation is, in general, the only person liable. As between the lessor and the lessee of mines1, it is the lessee who is primarily liable, but circumstances may exist which render the lessor jointly or solely liable. Thus if a lessee acts under the authority of his lessor, both are liable for wrongful withdrawal of support2.