Legal Opinion

Susquehanna & Wyoming Valley Railroad & Coal Co. v. Quick

Supreme Court of Pennsylvania

Decided May 8, 1871PublishedCited by 8 opinions

March 15th and 16th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Susquehanna county: To March Term 1871. This was an amicable action of ejectment commenced April 6th 1858, in Luzerne county, in which Peter A. L. Quick was plaintiff, and The Susquehanna and Wyoming Valley Railroad and Coal Company were defendants.

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March 15th and 16th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Susquehanna county: To March Term 1871. This was an amicable action of ejectment commenced April 6th 1858, in Luzerne county, in which Peter A. L. Quick was plaintiff, and The Susquehanna and Wyoming Valley Railroad and Coal Company were defendants. The land in controversy was a tract of 888 acres known as the Miner tract, and a tract of 206 acres known as the Lewis tract. The case was tried in Luzerne county in February 1868, and a verdict and…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

The 18th assignment contains the only serious error in the instructions of the court which needs notice. The court charged that “ a vacancy in the possession caused by a tenant’s going out even for a few months, before another tenant comes in, does not break the continuity of the possession, if the landlord have his title upon record, and does not intend to relinquish his possession and put another tenant in before his possession is disturbed by another claimant. Peter A. L. Quick had his title upon record in 1844; but John B. Quick, who…

2Cited by8 opinions

  1. Reed v. WolyniecSupreme Court of Pennsylvania · 1983
  2. Smith v. PetermanSuperior Court of Pennsylvania · 1978
  3. Greenwich Coal & Coke Co. v. LearnSupreme Court of Pennsylvania · 1912
  4. Brouse v. HauckSupreme Court of Pennsylvania · 1984
  5. Independent School District No. 8 of Comanche County v. HunterSupreme Court of Oklahoma · 1966

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