Weighley v. Muller
Superior Court of Pennsylvania
Appeal, No. 139, April T., 1912, by defendant, from judgment of C. P. Somerset Co., Dec. T., 1909, No. 31, on verdict for plaintiff in case of-Seth Weighley v. George C. Muller. Trespass for wrongful eviction. Before Koozer, P. J. At the trial it appeared that the plaintiff claimed that the landlord’s conduct towards him was such that he was deprived of the beneficial enjoyment of the leased premises, and that his further stay thereon was a continuing physical danger.
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Appeal, No. 139, April T., 1912, by defendant, from judgment of C. P. Somerset Co., Dec. T., 1909, No. 31, on verdict for plaintiff in case of-Seth Weighley v. George C. Muller. Trespass for wrongful eviction. Before Koozer, P. J. At the trial it appeared that the plaintiff claimed that the landlord’s conduct towards him was such that he was deprived of the beneficial enjoyment of the leased premises, and that his further stay thereon was a continuing physical danger. He testified that on March 15,1909, -the landlord assaulted him. On the same day he gave a notice in yriting to the landlord…
1Opinion of the Court
Opinion by
Orlady, J.,
The appellant fairly presents the question involved by the inquiry whether the alleged acts of the landlord amounted to such an eviction as justified the tenant in removing from the premises, and rendered the landlord hable for loss of profits for the remainder of the term, and *131whether the acts of the lessee constituted an abandonment and surrender of the lease.
While the earlier cases held that physical dispossession or actual disturbance in the possession of the tenant was necessary to constitute a breach of the covenant for quiet enjoyment, the great weight of authority…
2Cases cited5 opinions
- Hoy v. GronobleSupreme Court of Pennsylvania · 1859
- Clyde Coal Co. v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
- McSorley v. AllenSuperior Court of Pennsylvania · 1908
- Schienle v. EckelsSupreme Court of Pennsylvania · 1910
- Garsed v. TurnerSupreme Court of Pennsylvania · 1872
3Cited by11 opinions
- Jonnet Development Corp. v. Dietrich Industries, Inc.Supreme Court of Pennsylvania · 1983
- Bocchini v. Gorn Management Co.Court of Special Appeals of Maryland · 1986
- Nicholson Air v. Board of County Commissioners of Allegany CountyCourt of Special Appeals of Maryland · 1998
- Reisterstown Plaza Associates v. General Nutrition Center, Inc.Court of Special Appeals of Maryland · 1991
- Stevan v. BrownCourt of Special Appeals of Maryland · 1983
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