Gallagher v. Silver Brook Coal Co.
Superior Court of Pennsylvania
Appeal, No. 202, Oct. T., 1914, by plaintiff, from order of O. P. Schuylkill Co., Sept. T., 1908, No. 222, refusing to take off nonsuit in case of George Gallagher and Thomas Shovelin v. Silver Brook Coal Company.
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Appeal, No. 202, Oct. T., 1914, by plaintiff, from order of O. P. Schuylkill Co., Sept. T., 1908, No. 222, refusing to take off nonsuit in case of George Gallagher and Thomas Shovelin v. Silver Brook Coal Company. Assumpsit to recover the contract price of cutting twenty-five hundred carloads of coal in defendant’s mine in the autumn of 1901. Before Koch, J. ' At the trial the evidence showed that under plaintiffs’ contract with defendant, a corporation, they were to receive fifty cents per car for cutting coal in defendant’s mine, and thirty-eight cents additional for loading it into…
1Opinion of the Court
Opinion by
Kepiiart, J.,
The plaintiffs brought suit on August 17, 1908, to recover from the defendant company for coal they had mined for it prior to May, 1902. With other pleas, that of the statute of limitations was filed, and on the trial the court on motion of defendant, entered a compulsory nonsuit, which it subsequently refused to lift.
Several questions of law and fact were involved at the trial, but the court’s entry of judgment of nonsuit is largely based on the construction placed on the evidence in regard to the statute of limitations. It is urged that Section 7 of the Act of April…
2Cases cited8 opinions
- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- In re Grape StreetSupreme Court of Pennsylvania · 1883
- Tonkin v. BaumSupreme Court of Pennsylvania · 1886
- Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893
- Butler StreetSuperior Court of Pennsylvania · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- A. J. Aberman, Inc. v. Funk Building Corp.Superior Court of Pennsylvania · 1980
- Chittenholm v. GriffinSupreme Court of Pennsylvania · 1947
- Dohner v. Dauphin CountyDauphin County Court of Quarter Sessions · 1934
- McNay v. Gateway Coal Co., Pennsylvania Court of Common Pleas, Greene County1991