Sustrik v. Jones & Laughlin Steel Corp.

Opinion by

Mr. Justice Eagen,

This is an action of trespass, in the nature of quare clausum fregit wherein the lower court entered a compulsory nonsuit. Plaintiffs appeal.

The plaintiffs are the owners by the entireties of a tract of coal-bearing land in Washington County, Pennsylvania. The defendant-corporation is the owner of adjoining lands upon which is conducted a coal mining operation.

The plaintiffs charge the defendant with and seek recovery of damages, for the unlawful removal of a quantity of coal from underneath the surface of their land; in causing damage to buildings thereon due to a…