SUSTRIK, v. J & L. STEEL CORP..


413 Pa. 324 (1964)

Sustrik, Appellant, v. Jones & Laughlin Steel Corporation.

Supreme Court of Pennsylvania.

January 7, 1964.


Attorney(s) appearing for the Case

Paul A. Simmons, with him Tempest & Simmons, for appellants.

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

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, January 7, 1964:

This is an action of trespass, in the nature of quare clausum fregit wherein the lower court entered a compulsory nonsuit. Plaintiffs appeal.

The plaintiffs are the owners by the entireties of a tract of coal-bearing land in Washington County, Pennsylvania. The defendant-corporation is the owner of adjoining lands upon which is conducted a coal mining operation.

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