Legal Opinion

Devlin v. Snellenburg

Supreme Court of Pennsylvania

Decided February 3, 1890No. 134PublishedCited by 6 opinions

APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 134 July Term 1889, Sup. Ct.; court below, No. 390 December Term 1888, C. P. No. 3. On November 3,1887, John Devlin brought trespass against Joseph Snellenburg, Nathan Snellenburg and others, trading as N. Snellenburg & Co. Issue. At the trial on April 1,1889, it was made to appear that the defendants, who were clothiers in the city of Philadelphia, had employed one Wm.

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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 134 July Term 1889, Sup. Ct.; court below, No. 390 December Term 1888, C. P. No. 3. On November 3,1887, John Devlin brought trespass against Joseph Snellenburg, Nathan Snellenburg and others, trading as N. Snellenburg & Co. Issue. At the trial on April 1,1889, it was made to appear that the defendants, who were clothiers in the city of Philadelphia, had employed one Wm. D. Johnson to paint their advertisements upon blank walls and other spaces in the city ; that in his employment said Johnson had painted an…

1Per curiam

If, as alleged by the defendants, the wall in question was painted by the consent of the tenants in possession, it might render the latter liable to the plaintiff, but it would not relieve the defendants. If the wall was injured, and the jury have so found, it was an injury to the reversion, and the owner thereof may have his action on the case therefor: Ripka v. Sergeant, 7 W. & S. 9; Schnable v. Koehler, 28 Pa. 181; McIntire v. Coal Co., 118 Pa. 108.

The defendant, Joseph J. Snellenburg, having testified when on the stand that the wall was painted by his order and direction, it was not error…

2Cases cited4 opinions

  1. Ripka v. SergeantSupreme Court of Pennsylvania · 1844
  2. McIntire v. Westmoreland Coal Co.Supreme Court of Pennsylvania · 1888
  3. Schnable v. KoehlerSupreme Court of Pennsylvania · 1857
  4. Williams v. EslingSupreme Court of Pennsylvania · 1846

3Cited by6 opinions

  1. Green v. Sun Co.Superior Court of Pennsylvania · 1907
  2. Welliver v. Irondale Electric Light, Heat & Power Co.Superior Court of Pennsylvania · 1909
  3. Logan v. Pennsylvania Telephone Co.Superior Court of Pennsylvania · 1909
  4. Farmers Trust Co. v. MillerSuperior Court of Pennsylvania · 1934
  5. DeLeone v. Azad, Inc.Pennsylvania Court of Common Pleas · 1971

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