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CURRY COAL CO. v. M.C. ARNONI CO.

439 Pa. 114 (1970)

Curry Coal Company, Appellant, v. M.C. Arnoni Company. Daugherty et al., Appellants, v. M.C. Arnoni Company.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

Robert L. Zeman, with him Adolph L. Zeman, and Zeman and Zeman, for appellants.

Bernard J. McAuley, with him Wayman, Irvin, Trushel & McAuley, for defendant, appellee.

Frederick N. Egler, with him Theodore E. Breault, and Egler, McGregor & Reinstadtler, for defendant, appellee.

James P. McKenna, Jr., with him Daniel P. Stefko, and Dickie, McCamey & Chilcote, for defendant, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE O'BRIEN, July 2, 1970:

These appeals are from the refusal of the Court of Common Pleas of Allegheny County to take off judgments of compulsory nonsuit in two separate trespass actions filed in that court and consolidated for trial. The actions were instituted by different plaintiffs, Curry Coal Company as lessee and Daugherty Coal Company as lessor of a coal mine located in South Park Township.

Since December 1, 1939, the Daugherty Coal...

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