Reese v. Peoples Coal Co.
Superior Court of Pennsylvania
Appeal, No. 30, March T., 1916, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1913, No. 365, on verdict for plaintiff in case of S. M. Reese v. Peoples Coal Company. Trespass for injuries for support to land alleged to have been caused by failure to furnish lateral and vertical support. Before Evans, J., specially presiding. The facts are stated in the opinion of the Superior .Court.
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Appeal, No. 30, March T., 1916, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1913, No. 365, on verdict for plaintiff in case of S. M. Reese v. Peoples Coal Company. Trespass for injuries for support to land alleged to have been caused by failure to furnish lateral and vertical support. Before Evans, J., specially presiding. The facts are stated in the opinion of the Superior .Court. Verdict and judgment for plaintiff for f1,500. Errors assigned were, among others, refusal to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Williams, J.,
Plaintiff sued the Peoples Coal Co. and the D., L. & W. R. R. Co. for damages to his property which resulted through the failure of the defendants to provide proper surface support during mining operations. The statement of claim declared against the two defendants. Prior to the trial the plaintiff, by leave of court, amended the record by dropping the name of the railroad company, because it had by mistake been joined as a defendant. The coal company excepted to this action but not being assigned as error, it is not before us. The statement of claim averred the lack of…
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