Weaver v. Powel
Supreme Court of Pennsylvania
Appeal, No. 345, Jan T., 1891, by defendants, Amy S. Powel et al., from judgment of C. P. Huntingdon Co., April T., 1886, No. 4, on verdict for plaintiff, John B. Weaver. Debt on award of arbitrators.
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Appeal, No. 345, Jan T., 1891, by defendants, Amy S. Powel et al., from judgment of C. P. Huntingdon Co., April T., 1886, No. 4, on verdict for plaintiff, John B. Weaver. Debt on award of arbitrators. At the trial before Furst, P. J., it appeared that plaintiff, in 1871, conveyed certain land to Robert Hare Powel, with the-proviso that the grantee should have the right to make use of adjacent land of the grantor for construction of roads, railroads, tramways, and erection of buildings, machinery, etc., paying to grantor within thirty days after entry a fair value for the land so taken,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This case was tried in the court below on the theory that, although the award was not authorized by the submission, it could be enforced, if Keith’s refusal to join in it was attribu*379table to the action or influence of Powel or his representatives, and the plaintiff was allowed to recover a verdict there upon a finding by the jury that Keith, while refusing to sign the award, said “ it was all right.” In his opinion, discharging the rule for a new trial, the learned judge reached the conclusion that his interpretation of the submssion in his instructions to the…
2Cases cited4 opinions
- Bayne v. GaylordSupreme Court of Pennsylvania · 1834
- Robinson v. BickleySupreme Court of Pennsylvania · 1858
- Quay v. WestcottSupreme Court of Pennsylvania · 1869
- Welty v. ZentmyerSupreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Scholler Bros. v. Otto A. C. Hagen Corp.Superior Court of Pennsylvania · 1945
- Western Wheeled Scraper Co. v. Butler TownshipSuperior Court of Pennsylvania · 1904
- Clark Bros. Co. v. Tennessee Lumber Mfg. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1910
- Tennessee Lumber Mfg. Co. v. Clark Bros. Co.Court of Appeals for the Third Circuit · 1910
- Private Lands, Inc. v. Smith, Pennsylvania Court of Common Pleas, Franklin County1979
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