Schuster v. Gilberton Coal Co.

Opinion by

Mr. Justice Roberts,

This appeal arises from an order of the Court of Common Pleas of Schuylkill County which sustained a demurrer to appellants’ amended complaint, denied leave to amend, and entered judgment for appellee. Thus, for purposes of this appeal, every well pleaded fact in the amended complaint must be considered as admitted. Mistick v. Cammack, 397 Pa. 296, 154 A. 2d 588 (1959); see Philadelphia Minit-Man Car Wash Corp. v. Building and Construction Trades Council, 411 Pa. 585, 192 A. 2d 378 (1963).

Appellee, Gilberton Coal Company (Gilberton) possesses the exclusive…