Morris v. Fahey
Superior Court of Pennsylvania
Appeal, No. 241, Oct. T., 1916, by plaintiff, from order of O. P. Chester Co., April T., 1916, No. 33, refusing to take off nonsuit in case of M. F. Morris v. Michael J. Fahey. Trespass to recover damages for injuries to a blacksmith shop resulting from the fall of a willow tree standing on land contiguous to the plaintiff’s land, and alleged to be owned by the defendant. Before Butler, P. j. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 241, Oct. T., 1916, by plaintiff, from order of O. P. Chester Co., April T., 1916, No. 33, refusing to take off nonsuit in case of M. F. Morris v. Michael J. Fahey. Trespass to recover damages for injuries to a blacksmith shop resulting from the fall of a willow tree standing on land contiguous to the plaintiff’s land, and alleged to be owned by the defendant. Before Butler, P. j. The facts are stated in the opinion of the Superior Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off…
1Opinion of the Court
Opinion by
Kephart, J.,
The defendant, at an Orphans’ Court sale on April 23, 1915, bought, subject to a mortgage, certain property of which Sarah E. McKenna died seized. The sale was promptly confirmed and the defendant paid the mortgage debt. He directed the mortgagee, however, not to satisfy the mortgage as he was uncertain as to completing the sale, and if he did not, he would want an assignment *83of the mortgage. The executor permitted matters to remain in this condition until November, when a willow tree, admittedly in bad condition, broke and fell across the plaintiff’s blacksmith shop,…
2Cases cited3 opinions
- Demmy's AppealSupreme Court of Pennsylvania · 1862
- Behrens v. MountzSuperior Court of Pennsylvania · 1908
- Brennan's EstateSupreme Court of Pennsylvania · 1908