
    Heller et al., Appellants, v. North & West Branch Railway Company.
    
      Trespass — Railroad company — Entry upon land by contractors not in employ of.
    
    An entry without bond on land in the line of one railway, by contractors employed by another railroad company which is the principal stockholder in the first company, will not authorize a suit for trespass against the first company, although this company filed a bond within four days after the suit was commenced.
    Argued April 13, 1892.
    Appeal, No. 408, Jan. T., 1892, by plaintiffs, Elias M. Heller and Francis W. Heller, executors of Samuel Heller, deceased, from judgment of C. P. Luzerne Co., Nov. T., 1882, No. 845, compulsory nonsuit.
    Before Paxson, C. J., Sterbett, Green, McCollum and Mitchell, JJ.
    Trespass for damages for entry of defendant upon plaintiff’s land without filing a bond.
    The suit was begun Nov. 18, 1882, and a bond filed by defendant Nov. 22,1882. The evidence on the trial showed that the entry complained of was made by Jamison and Collins, contractors for the Pennsylvania Railroad Company, and that the Pennsylvania Railroad Company was the principal owner of the stock of the defendant company. The court entered a compulsory nonsuit and refused to take it off.
    April 25, 1892:
    
      Errors assigned were (1) entry of nonsuit; (2) refusal to take it off.
    
      A. Ricketts, for appellants.
    
      Henry W. Palmer, for appellee.
   Per Curiam,

Judgment affirmed.  