WINTERS v. RIMERSBURG COAL CO.


382 Pa. 12 (1955)

Winters, Appellant, v. Rimersburg Coal Company.

Supreme Court of Pennsylvania.

May 23, 1955.


Attorney(s) appearing for the Case

Vincent M. Casey, with him Merritt H. Davis and Margiotti & Casey, for appellants.

W. Davis Graham, with him E.J.I. Gannon, Charles T. Walter, Edmond C. Breene, Hazlett, Gannon & Walter, and Breene, Brewster & Breene, for appellees.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE JONES, May 23, 1955:

This is the second time that this litigation has come before us. On the earlier appeal we upheld the lower court's jurisdiction of the defendants: see Winters v. Rimersburg Coal Company, 360 Pa. 321, 61 A.2d 837. The present appeal goes to the merits of the controversy.

The plaintiffs, Charles G. Winters, William Winters and Russell Winters, have appealed from the final decree dismissing their complaint in...

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