Coons v. McKees Rocks Borough
Supreme Court of Pennsylvania
Appeal, No. 175, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., Fourth T., 1909, No. 704, on verdict for plaintiff in case of Margaret M. Coons, for use of Emma V. McFarland, now for use of Charles W. Warren, v. The Borough of McKees Rocks. Appeal from report of viewers. Before Evans, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 175, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., Fourth T., 1909, No. 704, on verdict for plaintiff in case of Margaret M. Coons, for use of Emma V. McFarland, now for use of Charles W. Warren, v. The Borough of McKees Rocks. Appeal from report of viewers. Before Evans, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,000; a remittitur for $1,000 was filed, and judgment was entered on the verdict, as reduced. Defendant appealed. Errors assigned, among others, were various assignments referred to in the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
In January, 1903, the Pittsburgh Railroad Company' leased to J. N. Coons for the term of twenty years, com*342mencing April 1, 1903, a certain piece of ground, with, the improvements thereon, in the defendant borough, at a rental of $90 per month; the lease stipulated that the “tenant shall not have the right to move any of the buildings now or hereafter placed on said lot.” The improvements consisted of some frame buildings, and subsequently a double brick building was erected, presumably by the tenant. In December, 1903, J. N. Coons and wife executed an…
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