SUSTRIK v. JONES & LAUGHLIN STEEL CORP.


189 Pa.Super. 47 (1959)

Sustrik et al., Appellants, v. Jones & Laughlin Steel Corporation.

Superior Court of Pennsylvania.

March 18, 1959.


Attorney(s) appearing for the Case

Gaylord W. Greenlee, with him McCune and Greenlee, for appellants.

H. Gilmore Schmidt, with him Schmidt & Allison, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, ERVIN, and WATKINS, JJ. (WRIGHT and WOODSIDE, JJ., absent).


OPINION BY HIRT, J., March 18, 1959:

The plaintiffs, Mike Sustrik and wife, are the owners by entireties, of coal bearing property in West Pike Run Township, Washington County. Their land adjoins similar property of Jones & Laughlin Steel Corporation on which the company had conducted a mining operation. The subsurface boundary line between the two properties however had not been located on the vein of coal. In this action of trespass (quare clausum fregit for...

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