Kramer v. Slattery
Superior Court of Pennsylvania
Appeal, No. 249, Oct. T., 1918, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1918, No. 235, refusing to strike off nonsuit in the case of W. L. Kramer v. John Slattery. Assumpsit for the value of culm or coal dirt. Before Koch, J. The facts are stated in the opinion of the Superior Court. At the trial the court entered a compulsory nonsuit, which it subsequently refused to strike off. Plaintiff appealed.
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Appeal, No. 249, Oct. T., 1918, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1918, No. 235, refusing to strike off nonsuit in the case of W. L. Kramer v. John Slattery. Assumpsit for the value of culm or coal dirt. Before Koch, J. The facts are stated in the opinion of the Superior Court. At the trial the court entered a compulsory nonsuit, which it subsequently refused to strike off. Plaintiff appealed. Errors assigned were various rulings on evidence and the order of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
This is an action of trespass brought by the plaintiff to recover the value of a quantity of culm or mine waste removed by the defendant from time to time from a large body of that material located on land in the Borough of Port Carbon to which land the plaintiff asserted title. The culm had been on the property for many years and *363was abandoned, as alleged by the plaintiff, as a consequence of which he claimed it through ownership of the land. Two sources of title were offered in support of the action, one by grant from an heir, Frank Pott, who formerly owned the…
2Cases cited4 opinions
- City of Philadelphia v. MillerSupreme Court of Pennsylvania · 1865
- Norris v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1907
- Kean v. KinnearSupreme Court of Pennsylvania · 1895
- Stark v. ShuppSupreme Court of Pennsylvania · 1886
3Cited by4 opinions
- Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
- In the Matter of Lucy JonesSuperior Court of Pennsylvania · 1929
- Carns v. MatthewsSuperior Court of Pennsylvania · 1932
- O'Hay v. TormeySuperior Court of Pennsylvania · 1929