Harris v. Keystone Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 81, Oct. T., 1916, by plaintiff, from judgment of C. P. Westmoreland Co., Feb. T., 1915, No. 676, on verdict for defendants, in case of Louis Harris, Trading as Victor Supply Company v. Keystone Coal and Coke Company, a Corporation, and H. F. Bovard, W. E. Henderson, J. A. Willis and R. W. Sterrett. Trespass for conspiracy. The opinion of the Supreme Court states the facts. Verdict for defendants by direction of the court and judgment thereon. Plaintiff appealed.
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Appeal, No. 81, Oct. T., 1916, by plaintiff, from judgment of C. P. Westmoreland Co., Feb. T., 1915, No. 676, on verdict for defendants, in case of Louis Harris, Trading as Victor Supply Company v. Keystone Coal and Coke Company, a Corporation, and H. F. Bovard, W. E. Henderson, J. A. Willis and R. W. Sterrett. Trespass for conspiracy. The opinion of the Supreme Court states the facts. Verdict for defendants by direction of the court and judgment thereon. Plaintiff appealed. Error assigned, among others, was in directing a ver-' diet for defendants.
1Opinion of the Court
Opinión by
Mr. Justice Mestrezat,
It is conceded that there was no direct evidence which established a conspiracy, and we agree with the learned trial judge that the facts and circumstances in evidence did not warrant the inference of a conspiracy. In its charge the court directs attention to the testimony, which is manifestly inadequate to warrant a jury in finding the existence of the conspiracy laid in the statement. This branch of the appeal was not argued by the learned counsel for the appellant.
The court below held that, notwithstanding the plaintiff had failed to sustain the charge of…
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