Curry Coal Co. v. M. C. Arnoni Co.

Opinion by

Mr. Justice O’Brien,

These appeals are from the refusal of the Court of Common Pleas of Allegheny County to take off judgments of compulsory nonsuit in two separate trespass actions filed in that court and consolidated for trial. The actions were instituted by different plaintiffs, Curry Coal Company as lessee and Daugherty Coal Company as lessor of a coal mine located in South Park Township.

Since December 1, 1939, the Daugherty Coal Company, or its predecessors in title, had owned several contiguous tracts of coal known as the Piney Fork Mine, with mining rights and waivers of…