James Rees & Sons Co. v. Western Exposition Society
Superior Court of Pennsylvania
Appeal, No. 177, April T., 1909, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 28, on verdict for plaintiff in case of James Rees & Sons Company, Inc., v. Western Pennsylvania Exposition Society. Assumpsit for the value of a gravity railroad. Before Macfarlane, J. At the trial it appeared that the defendant had licensed James A. Griffith to erect and operate a gravity railway upon a portion of its land during an exposition season.
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Appeal, No. 177, April T., 1909, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 28, on verdict for plaintiff in case of James Rees & Sons Company, Inc., v. Western Pennsylvania Exposition Society. Assumpsit for the value of a gravity railroad. Before Macfarlane, J. At the trial it appeared that the defendant had licensed James A. Griffith to erect and operate a gravity railway upon a portion of its land during an exposition season. At the end of the season Griffith was in arrears for rent, and did not remove the gravity railway. Subsequently the defendant leased…
1Opinion of the Court
Opinion by
Head, J.,
As the case was submitted to the jury their verdict establishes that there was an actual conversion by the defendant to its own use. of the property of the plaintiff. That there was sufficient evidence to warrant such submission and to sustain the verdict of the jury is clearly shown by the learned trial judge in his opinion refusing a new trial and directing judgment to be entered on the verdict. We need not here repeat his analysis of the testimony. There remains but a single question for consideration.
There can be no doubt of the existence of a general rule which in…
2Cases cited4 opinions
- Bethlehem Borough v. Perseverance Fire Co.Supreme Court of Pennsylvania · 1876
- Balliet v. BrownSupreme Court of Pennsylvania · 1883
- Deysher v. TriebelSupreme Court of Pennsylvania · 1870
- Satterlee v. MelickSupreme Court of Pennsylvania · 1874
3Cited by6 opinions
- McDonald v. First N. B. of McKeesportSupreme Court of Pennsylvania · 1945
- Rodgers v. Studebaker Sales Co.Superior Court of Pennsylvania · 1931
- Anderson Equipment Co. v. FindleySupreme Court of Pennsylvania · 1944
- Montour Furniture Co. v. SakolskySuperior Court of Pennsylvania · 1936
- Stein v. CherrySuperior Court of Pennsylvania · 1945
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