Cochran Coal Co. v. Municipal Management Co.

Opinion by

Mr. Justice Jones,

The plaintiff company sought by this action of' trespass to recover damages for the occupation by the defendants of a. substantial part of its coal lands and mining rights in Westmoreland County, Pennsylvania. The court en banc sustained preliminary objections to the complaint and entered judgment for the defendants. This appeal by the plaintiff followed. The basic legal question involved is whether the injuries to the plaintiff’s property allegedly inflicted by the defendants may be redressed in an action of trespass or whether the appropriate remedy is a viewers’…