Kossell v. Rhoades
Supreme Court of Pennsylvania
Appeal, No. 52, Oct. T., 1921, by plaintiff, from judgment of C. P. Somerset Co., Dec. T., 1919, No. 100, on verdict for defendant, in case of Annie M. Kossell v. Elmer E. Rhoades et al. Trespass for unlawful cutting of timber. Before Sloan, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant. Plaintiff appealed. Error assigned, inter alia, was refusal of plaintiff’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Plaintiff, to recover damages for the unlawful cutting and conversion of trees, must show not only title or ownership of the land but also possession or the right to immediate possession at the time of the trespass: Lewis v. Carsaw, 15 Pa. 31, 34; Crawford v. Forest Oil Co., 208 Pa. 5, 15; Reilly v. Crown Petroleum Co., 213 Pa. 595, 600. While a warrant for unimproved land gives to the owner such constructive possession as will enable him to maintain trespass, it cannot be effective against one who has an actual adverse possession of the land: Baker v. King, 18…
2Cases cited9 opinions
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Crawford v. Forest Oil Co.Supreme Court of Pennsylvania · 1904
- Collins v. BeattySupreme Court of Pennsylvania · 1892
- Reilly v. Crown Petroleum Co.Supreme Court of Pennsylvania · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Moser v. GranquistSupreme Court of Pennsylvania · 1949
- Humes v. KramerSupreme Court of Pennsylvania · 1926
- Dell Coal Co. v. County Court of Boone CountyWest Virginia Supreme Court · 1934
- Brobst v. Davis, Pennsylvania Court of Common Pleas, Schuylkill County1929
- Willis v. WillisHigh Court of American Samoa · 1947