Darrah v. Kadison
Superior Court of Pennsylvania
Appeal, No. 160, April T., 1912, by plaintiffs, from judgment of C. P. Somerset Co., Dec. T., 1908, No. 174, on verdict for defendants in case of S. EL Darrah et al., Heirs of Daniel Weyand, deceased, v.Ellen L. Kadison. Trespass to recover damages for cutting timber. Before Telford, P. J., specially presiding. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed.
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Appeal, No. 160, April T., 1912, by plaintiffs, from judgment of C. P. Somerset Co., Dec. T., 1908, No. 174, on verdict for defendants in case of S. EL Darrah et al., Heirs of Daniel Weyand, deceased, v.Ellen L. Kadison. Trespass to recover damages for cutting timber. Before Telford, P. J., specially presiding. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed. Error assigned amongst others was in giving binding instructions for defendant. — The plaintiff had constructive possession: Baker v. King, 18 Pa. 138; Hole v. Rittenhouse,…
1Opinion of the Court
Opinion by
Morrison, J.,
The plaintiffs brought this action of trespass to recover for the cutting of some timber on a tract of land warranted in the name of Nathan Hammond. At the trial it was agreed that if the plaintiffs were entitled to recover the verdict should be in the sum of $25.00. The defendants set up a claim of title to the land on which the timber was cut and the court gave a binding instruction in favor of the defendants on the ground that they had actual possession of the land in dispute at the time this action was instituted and therefore the action of trespass would ■not lie;…
2Cases cited14 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Miller v. ZufallSupreme Court of Pennsylvania · 1886
- Hughes v. StevensSupreme Court of Pennsylvania · 1860
- Hole v. RittenhouseSupreme Court of Pennsylvania · 1859
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3Cited by2 opinions
- Darrah v. KadisonSuperior Court of Pennsylvania · 1913
- Barsky v. Lutz & Schramm Co.Superior Court of Pennsylvania · 1920