Saltsburg Colliery Co. v. Trucks Coal Mining Co.

Opinion by

Linn, J.,

Plaintiff sued for treble damages under the Act of May 8, 1876, P. L. 142, for coal mined from its land. Defendant admitted the mining, and claimed ownership of the coal in place. At the trial, the court directed a verdict for plaintiff, but subsequently granted defendant’s motion for judgment n. o. v. Plaintiff appeals. The disposition of the appeal depends on the interpretation of a deed.

In May, 1844, Richardson and Company agreed with B. Trucks, George Trucks and Thomas Trucks to sell to them “salt wells, with all the buildings, improvements and land thereunto…