Trustees of the Proprietors v. Kingston Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 171, Jan. T., 1917, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1913, No. 1229, for defendant n. o. v., in case of Trustees of the Proprietors of Kingston v. Kingston Coal Company. Trespass for an alleged wrongful mining of coal. Before Carman, J. The jury returned a verdict for $1,600 but judgment was entered for defendant n. o. v. Plaintiff appealed. Error assigned, was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The Trustees of the Proprietors of Kingston, a Pennsylvania corporation, claiming to be the owners in fee of a certain tract of land in Luzerne County, sued the Kingston Coal Company, a like corporation, alleging the latter held part of the premises in question under a long term lease, and defendant had committed waste by mining coal therefrom, during six years immediately preceding suit, to the value of $2,000, which plaintiff sought to recover.
The evidence being principally documentary, with no contest over material facts, the trial judge directed a verdict…
2Cases cited9 opinions
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Bird v. SmithSupreme Court of Pennsylvania · 1839
- Balliot v. BaumanSupreme Court of Pennsylvania · 1843
- Strimpfler v. RobertsSupreme Court of Pennsylvania · 1852
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3Cited by2 opinions
- Gast v. EngelSupreme Court of Pennsylvania · 1952
- Consolidation Coal Co. v. FriedlineSuperior Court of Pennsylvania · 1938