Irwin v. Monongahela Consolidated Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 207, Oct. T., 1912, by plaintiffs, from judgment of O. P. Allegheny Co., Third T., 1908, No. 976, on verdict for defendant in case of William D. Irwin, et al., v. The Monongahela River Consolidated Coal and Coke Company. Ejectment for coal underlying certain land in Forward Township. Before Macfaelane, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 207, Oct. T., 1912, by plaintiffs, from judgment of O. P. Allegheny Co., Third T., 1908, No. 976, on verdict for defendant in case of William D. Irwin, et al., v. The Monongahela River Consolidated Coal and Coke Company. Ejectment for coal underlying certain land in Forward Township. Before Macfaelane, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were various rulings on evidence and instructions to the jury.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The common source of title in this ejectment is Margaret Irwin. The question of the right of the plaintiffs to recover was submitted to the jury, but the learned court below, in denying them a new trial, held that, under the record evidence in the case, a verdict ought to have been directed for the defendant. As this was a manifestly correct conclusion, we need not discuss the assignments of error, complaining of the charge, rulings on offers of evidence and answers to points. Margaret Irwin died seized of the land underlaid with the coal, for the recovery of…
2Cases cited2 opinions
- Church v. WintonSupreme Court of Pennsylvania · 1900
- Shuman's AppealSupreme Court of Pennsylvania · 1856