Fuher v. Westmoreland Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 30, Oct. T,, 1921, by plaintiff, from judgment of C. P. Westmoreland Co., May T., 1919, No. 457, on verdict for defendant, in case of W. L. .Fuher v. Westmoreland Coal Co. Trespass for unlawful mining of coal. Before McConnell, P. J. The opinion of the Supreme Court states the facts. Binding instruction for defendant. Plaintiff appealed. Error assigned, inter alia, was above instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Appellant seeks to recover damages for the unlawful mining, removal and conversion of coal, and for subsidence of the surface. At the close of the case the court below gave binding instructions for defendant, stating: “It must be shown defendant took the coal......If that has been shown it has been by the testimony of Frank Dugan, and by his testimony alone.” This witness testified that, while mining coal for defendant, he crossed its line into the land of plaintiff, driving a coal entry nine feet wide to bench mark “X 42” on appellant’s land. This, in substance,…
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