Volpe v. Atlantic Crushed Coke Co.

Opinion by

Montgomery, J.,

This appeal questions the propriety of the lower court’s action in entering a compulsory nonsuit at the completion of plaintiff’s case, and subsequently a judgment for the defendant.

The action is in trespass by the owner of real estate situate in Derry Township, Westmoreland County, Pennsylvania, seeking treble damages for the unlawful mining, removal and appropriation of coal by the defendant, and is based on the Act of June 24, 1939, P, L. 872, §812, 18 P.S. §4812, which provides:

“Whoever mines or digs out any coal, iron or other minerals, knowing the same to be…