 The deed provided that the grantee takes the premises with that risk and waives all claim for damages that may arise from mining out the coal.The coal company essentially thus owned a property right to mine as much as it wished, without regard to consequences to the surface, by reason of this deed.Over a dissent by Justice Brandeis, the court ruled that Pennsylvania's statute deprived the coal companies of the right to mine their coal, and this was deemed a confiscation.