Myer v. Curry

Opinion by

Mr. Justice Schaffer,

When this case was here before (287 Pa. 489), being of opinion that the court below was in error in entering judgment for defendants non obstante veredicto for the reason which it assigned, we set aside the judgment and returned the record with directions to consider the second proposition advanced by defendants, that plaintiff was not entitled to recover because title to the coal mined, which is the subject-matter of the suit, was not in him but in defendants. This the court below has done, and has reached the conclusion that plaintiff has established his…