Newcomer v. South Fayette Coke Co.

Henderson, J.,

— This is an action of trespass to recover damages fqr the alleged unlawful mining of certain coal lying between the actual coal crop line and the boundary line as described by courses and distances in a deed conveying the main body of the coal. An affidavit of defense was filed, alleging that the plaintiff was not the owner of the coal. The trial resulted in a verdict in favor of the plaintiff for the sum of $14,282.48. A motion for judgment for defendant n. o. v. and one for a new trial was filed, which motions are now before the court.

Prior to July 10,1899, Samuel D. Newcomer…