Hobensack v. Phipps
Superior Court of Pennsylvania
Appeal, No. 224, Oct. T., 1913, by plaintiff, from order of C. P. Montgomery Co., Oct. T., 1911; No. 10, refusing to take off non-suit in case of H. H. Hobensack, Executor of will of Susan It. Hobensack, deceased, v. Amos J. Phipps. Trespass to recover damages for the cutting of trees. At the trial'the court entered a compulsory nonsuit.
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Appeal, No. 224, Oct. T., 1913, by plaintiff, from order of C. P. Montgomery Co., Oct. T., 1911; No. 10, refusing to take off non-suit in case of H. H. Hobensack, Executor of will of Susan It. Hobensack, deceased, v. Amos J. Phipps. Trespass to recover damages for the cutting of trees. At the trial'the court entered a compulsory nonsuit. Subsequently on motion to take off nonsuit, Weand, J., filed the following opinion: At the conclusion of plaintiff’s testimony counsel for defendant moved for a nonsuit on the ground that plaintiff had no right of action in this case, the contention being…
1Opinion of the Court
Opinion by
Orlady, J.,
The court below entered a nonsuit, and for the reasons given by the trial judge in an opinion filed overruling a motion to lift it, we decline to reverse the judgment.
Independent of the question of the plaintiff’s right to maintain the action — Sauerbier’s Est., 202 Pa. 187; Dunshee v. Dunshee, 234 Pa. 550; Whitney v. Backus, 149 Pa. 29, — there was not sufficient clear and specific proof adduced to fix any liability on this defendant for the trespass. There was no evidence that he did personally commit any. trespass, nor that he employed or directed any other person to…
2Cases cited5 opinions
- Dunshee v. DunsheeSupreme Court of Pennsylvania · 1912
- Sauerbier's EstateSupreme Court of Pennsylvania · 1902
- Whitney v. BackusSupreme Court of Pennsylvania · 1892
- Kramer v. GoodlanderSupreme Court of Pennsylvania · 1881
- Humphrey v. CooperSupreme Court of Pennsylvania · 1898