Burner v. Smith Coal Co.

Woods, President:

This action of trespass on the case was brought to April Rules, 1927. The declaration charges that Smith Coal Company, a corporation, Lawrence J. Smith and Clarke Colerider, after April, 1922, “unlawfully, knowingly and wilfully en tered upon and under tbe surface of certain lands belonging to tbe plaintiff and did dig, mine and remove a large amount of coal from under plaintiff’s land”, whereby tbe latter was damaged to tbe amount of $3,000.00. In addition to tbe plea of not guilty, a special plea of tbe statute of limitations was interposed, the claim being advanced that…