Haverly v. State Line
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BRADFORD COUNTY. No. 337 January Term 1888, Sup. Ct.; court below, No. 382 September Term 1882, C. P. On June 22, 1882, a summons was issued in an action in case wberein, as afterwards amended, LeRoy Haverly was plaintiff and the State Line and Sullivan Railroad Company, defendant, to recover the value of a quantity of timber destroyed by a fire which it was claimed had been caused by the defendant’s negligence. Issue.
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ERROR TO THE COURT OE COMMON PLEAS OE BRADFORD COUNTY. No. 337 January Term 1888, Sup. Ct.; court below, No. 382 September Term 1882, C. P. On June 22, 1882, a summons was issued in an action in case wberein, as afterwards amended, LeRoy Haverly was plaintiff and the State Line and Sullivan Railroad Company, defendant, to recover the value of a quantity of timber destroyed by a fire which it was claimed had been caused by the defendant’s negligence. Issue. At a second trial of the cause on February 2, 1887, it was made to appear that on April 26, 1879, Mercy B. Taylor was the owner of a tract…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
We think the learned judge below inadvertently fell into error in this case. It is doubtless true that under the agreement between Mercy B. Taylor and the plaintiff, the title to the logs was in the former at the time they were destroyed by fire. We consider it equally true, however, that he had an interest in them which will sustain this suit against the defendant company. He had the possession, and a lien for the work and labor expended upon them. Clearly, it was not in Mrs. Taylor’s power to deprive him of possession or lien. He could have held them…
2Cited by1 opinion
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