189. Remedies for disturbance.

In the case of damage by subsidence, the remedy is usually in tort, but there may also be a remedy in contract or for breach of a qualification or condition attached to the right to withdraw support. Instruments of severance frequently contain express provision for payment of compensation for surface1 damage. It is a question of construction whether that provision extends to damage by subsidence; if it does, and the instrument does not confer upon the mine