Hartley v. Spencer
Superior Court of Pennsylvania
Appeal, No. 93, Oct. T., 1920, by defendants, from judgment of O. P. Wyoming County, April T., 1910, No. 3, on verdict for the plaintiff in the case of S. B. Hartley v. C. L. Spencer and Harry A. Spencer. Trespass quare clausum fregit. Before Garman, J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $200 and judgment thereon. Defendant appealed.
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Appeal, No. 93, Oct. T., 1920, by defendants, from judgment of O. P. Wyoming County, April T., 1910, No. 3, on verdict for the plaintiff in the case of S. B. Hartley v. C. L. Spencer and Harry A. Spencer. Trespass quare clausum fregit. Before Garman, J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $200 and judgment thereon. Defendant appealed. Error assigned, among others, was the refusal of defendants’ motion for judgment non obstante veredicto. The plaintiff could not maintain the present action because he was not in actual…
1Opinion of the Court
Opinion by
Keller, J.,
This was an action of trespass to recover damages for breaking and entering plaintiff’s close. It must therefore be decided according to the legal principles applicable, before the Act of May 25,1887, P. L. 271, to an action of trespass quare clausum fregit: Griffin v. Delaware & Hudson Co., 257 Pa. 432.
The land upon which it was alleged the defendants had trespassed was a small lot in the Borough of Nichol*451son, located between Prospect street and the tracks of the Delaware, Lackawanna & Western Railroad Company, and lying west of Prospect street. It was used as a dock to…
2Cases cited8 opinions
- Crawford v. Forest Oil Co.Supreme Court of Pennsylvania · 1904
- Collins v. BeattySupreme Court of Pennsylvania · 1892
- Lehman v. KellermanSupreme Court of Pennsylvania · 1870
- Enterprise Transit Co. v. Hazelwood Oil Co.Superior Court of Pennsylvania · 1902
- Reilly v. Crown Petroleum Co.Supreme Court of Pennsylvania · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Humes v. KramerSupreme Court of Pennsylvania · 1926
- Brobst v. Davis, Pennsylvania Court of Common Pleas, Schuylkill County1929
- Mosher v. Athens G. L. F. Service Corp., Pennsylvania Court of Common Pleas, Bradford County1959
- Starling v. Lake Meade Property Owners Ass'nSupreme Court of Pennsylvania · 2017
2 more not listed; retrieve them via the Exa API.