Lea v. Jones
Supreme Court of Pennsylvania
Appeal, No. 31, Jan. T., 1904, by defendant, from judgment of Superior Ct., Oct. T., 1903, No. 20, reversing judgment of C. P. No. 5, Phila. Co., Sept. T., 1901, No. 1270, on verdict for defendant in case of Henry C. Lea v. Mary H. Jones. Appeal from Superior Court.
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Appeal, No. 31, Jan. T., 1904, by defendant, from judgment of Superior Ct., Oct. T., 1903, No. 20, reversing judgment of C. P. No. 5, Phila. Co., Sept. T., 1901, No. 1270, on verdict for defendant in case of Henry C. Lea v. Mary H. Jones. Appeal from Superior Court. Smith, J., filed the following opinion : As the charge was a bare instruction to the jury, “ as a matter of law, to find a verdict for the defendant,” and neither party presented any points, there is no record of the ground on which the verdict was directed, nor, beyond the pleading, any record of the ground on which recovery was…
1Opinion of the Court
Per Curiam,
This is an appeal from a judgment of the Superior Court by the defendant in that court. The sole question is, when a conveyance of property is made after damages to the party wall have accrued to plaintiff and an action has been brought there*25for, does the mere transfer of the real estate, also transfer the pending action to the purchaser of the property and deprive the plaintiff in the action of any further redress for the injury which he sustained prior to the sale.
The Superior Court, in opinion filed by Judge Smith, held that damages sustained by the owner before his conveyance…