Valley Smokeless Coal Co. v. Hager

Opinion by

Mr. Justice Simpson,

Plaintiff appeals from the refusal of the court below to set aside a judgment of nonsuit, in an action wherein, the statement of claim averred, and the testimony tended to prove, that defendant “by his agents or servants, acting under his instructions and with his knowledge and consent,......[took a specified quantity of coal] from the lands of plaintiff, and thereupon sold the same and converted the proceeds to his own use. Said entry, mining, removal, sale and conversion were made by defendant wilfully, intentionally, without the consent of plaintiff, and with…