Heller v. Young
Superior Court of Pennsylvania
Appeal, No. 391, Oct. T., 1915, by defendant, from judgment of O. P. Northampton Co., April T., 1915, No. 102, on verdict for plaintiff in case of William J. Heller v. Milton Yonng. Trespass to recover damages for the removal of hay from a farm. Before Brodhead, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for |95. Defendant appealed. jError assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff brought an action of trespass before a justice of the peace to recover damages for the appropriation of a quantity of hay to which he claimed title. The transcript of the magistrate set forth the cause of action in these words: “Plaintiff’s claim is for damages sustained by said plaintiff by reason of said defendant removing hay from the plaintiff’s farm.” The facts out of which the controversy arises may be briefly stated: Milton T. Lerch owned a farm in Northampton County and in the fall of 1913 made a parol lease of it to the defendant for one year…
2Cases cited4 opinions
- Rapp v. PalmerSupreme Court of Pennsylvania · 1834
- Craig v. DaleSupreme Court of Pennsylvania · 1841
- Iddings v. NagleSupreme Court of Pennsylvania · 1841
- Anewalt v. HummelSupreme Court of Pennsylvania · 1885