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VOLPE v. ATLANTIC CRUSHED COKE CO.

208 Pa.Super. 11 (1966)

Volpe, Appellant, v. Atlantic Crushed Coke Company.

Superior Court of Pennsylvania.

June 17, 1966.

Attorney(s) appearing for the Case

R. Herbert Buchman, for appellant.

Christ. C. Walthour, Jr., with him Kunkle, Walthour & Garland, for appellee.

Before ERVIN, P.J., WRIGHT, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ. (WATKINS, J., absent).

OPINION BY MONTGOMERY, J., June 17, 1966:

This appeal questions the propriety of the lower court's action in entering a compulsory nonsuit at the completion of plaintiff's case, and subsequently a judgment for the defendant.

The action is in trespass by the owner of real estate situate in Derry Township, Westmoreland County, Pennsylvania, seeking treble damages for the unlawful mining, removal and appropriation of coal by the defendant, and is based on the...

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