Legal Opinion

Erie & W. V. R. Co. v. Knowles

Supreme Court of Pennsylvania

Decided October 3, 1887No. 237PublishedCited by 10 opinions

ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. No. 237 January Term 1887, Sup. Ct.; court below, No. 43 March Term 1885, C. P. This was an action of trespass q. c. f. by Joseph Knowles and Amelia Knowles, his wife, in right of the wife, against the Erie & Wyoming Valley R. Co., to recover damages for injuries done to the real estate of the wife. Joseph Knowles died before the trial and his death was suggested upon the record.

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ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. No. 237 January Term 1887, Sup. Ct.; court below, No. 43 March Term 1885, C. P. This was an action of trespass q. c. f. by Joseph Knowles and Amelia Knowles, his wife, in right of the wife, against the Erie & Wyoming Valley R. Co., to recover damages for injuries done to the real estate of the wife. Joseph Knowles died before the trial and his death was suggested upon the record. In 1883 Joseph and Amelia Knowles occupied a dwelling upon a lot in Marcey township, for injuries to which dwelling and lot the defendant company was charged, and…

1Opinion of the Court

Opinion,

Mr. Justice Green:

In the case of Shellhammer v. Ashbaugh, 43 Pa. 24, we said: “ The rule is settled, therefore, that as between father and child the evidence of a gift or sale must be direct, positive, express and unambiguous ; that its terms must be clearly defined, and that all the acts necessary to its validity must have special reference to it and nothing else.”

In Moore v. Small, 19 Pa. on p. 468, Mr. Justice Woodward thus speaks of parol gifts of lands: “ A class of cases commonly called parol gifts from father to son is found in our books, the origin of which was in Syler v.…

2Cases cited4 opinions

  1. Lessee of Syler v. EckhartSupreme Court of Pennsylvania · 1808
  2. Poorman v. KilgoreSupreme Court of Pennsylvania · 1855
  3. Sower v. WeaverSupreme Court of Pennsylvania · 1875
  4. Allison v. BurnsSupreme Court of Pennsylvania · 1884

3Cited by10 opinions

  1. Zvonik v. ZvonikSuperior Court of Pennsylvania · 1981
  2. Manley v. ManleySuperior Court of Pennsylvania · 1976
  3. Purvis v. Malloy Ex Rel. TillerSupreme Court of Florida · 1937
  4. Locke v. PyleDistrict Court of Appeal of Florida · 1977
  5. Royer v. Ephrata BoroughSupreme Court of Pennsylvania · 1895

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