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GRAHAM v. SKY HAVEN COAL, INC.

386 Pa.Super. 598 (1989)

563 A.2d 891

Christine W. GRAHAM, Executrix of the Estate of Charles H. Graham, Deceased, and Brent L. Miller and Josephine A. Miller, Husband and Wife v. SKY HAVEN COAL, INC. v. James E. RICOTTA. Appeal of Christine W. GRAHAM, Executrix of the Estate of Charles H. Graham, Deceased. James E. RICOTTA and Joan K. Ricotta, Appellant, v. SKY HAVEN COAL, INC. Christine W. GRAHAM, Executrix of the Estate of Charles H. Graham, Deceased and Brent L. Miller and Josephine A. Miller, His Wife v. SKY HAVEN COAL, INC. v. James E. RICOTTA. Appeal of Brent L. MILLER and Josephine A. Miller.

Supreme Court of Pennsylvania.

Filed August 4, 1989.

Attorney(s) appearing for the Case

John D. Briggs, Centre Hall, for Graham, appellant (at No. 1247) and appellee (at No. 1249) and participating party (at No. 1248).

Girard N. Evashavik, Pittsburgh, for Ricotta, appellant (at No. 1248) and appellee (at Nos. 1247 and 1249).

John E. Wall, Pittsburgh, for Sky Haven Coal, Inc., appellee (at Nos. 1247, 1248 and 1249).

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, McEWEN, OLSZEWSKI, BECK, TAMILIA, POPOVICH and JOHNSON, JJ.

CAVANAUGH, Judge:

The primary issue in this appeal is whether the trial court properly instructed the jury on the duty of the possessor of land to one who enters the land, and whether a new trial should have been granted to the plaintiffs below, who are the appellants in this court.

The evidence presented at trial established that a strip mining operation in Clearfield County, Pennsylvania, conducted by Sky Haven Coal, Inc. had experienced a series of thefts...

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