Schaefer v. Silverstein

An action in trespass was brought against appellants by appellee for forcibly removing the goods of appellee, consisting of a stock of cigars and tobacco, from a certain cigar stand, located within the billiard room of appellants, theretofore held and occupied by appellee under a lease from the appellants.

A verdict and judgment were rendered in appellee’s favor, and from that judgment this appeal is prosecuted.

In behalf of the plaintiff (appellee) the court gave to the jury the following instructions:

“ The court instructs the jury that if they believe, from the evidence, the plaintiff was in…