Shipley v. Pittsburg, Carnegie & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 106, Oct. T., 1906, by defendant, from judgment of O. P. No. 1, Allegheny Co., Dee. Term, 1902, No, 599, on verdict for plaintiff in case' of Ewing H. Shipley and Sherman Massingham, trading as Shipley-Massingham Company, v. The Pittsburg, Carnegie & Western Railroad Company. Appeal from report of jury of view.
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Appeal, No. 106, Oct. T., 1906, by defendant, from judgment of O. P. No. 1, Allegheny Co., Dee. Term, 1902, No, 599, on verdict for plaintiff in case' of Ewing H. Shipley and Sherman Massingham, trading as Shipley-Massingham Company, v. The Pittsburg, Carnegie & Western Railroad Company. Appeal from report of jury of view. Before Brown, J. Defendant presented, inter alia, the following points : 1. It appearing from the evidence that the lease for the appropriation of which the plaintiffs seek to recover in this case contained a clause authorizing the landlord at his option to terminate the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiffs were engaged in the wholesale drug business and were the lessees of a building which was taken by the defendant in the construction of its road. The lease was for one year from April 1, 1901, with the right in the lessees to extend it for two years from April 1, 1902. They had exercised this right by giving the notice provided for by the lease, and sixteen months of their term was unexpired at the date of the approval of the bonds given to secure them and the owner. The questions raised as to the measure of damages are practically the same as those…
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