Collier v. Ryan

PRATT, J.,

Defendant Pennsylvania Turnpike Commission raises a number of pretrial preliminary objections to plaintiff’s complaint.

Defendants Anthony A. Ryan and Beverly C. Ryan leased certain land along the Mahoning River in Union Township, Lawrence County, Pennsylvania, owned by the Pittsburgh and Lake Erie Railroad Company. Allegedly plaintiff, Byron Collier, in June 1989 orally agreed with the Ryans that the plaintiff would remove, at $1 per ton, all of the slag contained on the property in question. Plaintiff removed and paid for 5,815 tons of the estimated two million tons of slag…