Donze v. Devlin

Opinion by

Mr. Justice Dbew,

The appeal is from the refusal to take off a compulsory nonsuit entered at the conclusion of plaintiffs’ evidence. Whether they established a prima facie case, taking the testimony in its most favorable light (Foley v. Wasserman, 319 Pa. 420; Burns v. Pittsburgh, 320 Pa. 92; Deemer v. Weaver, 324 Pa. 85), is the controlling question. If they did the nonsuit must be set aside.

In 1929 the Board of Public Education of the School District of Philadelphia executed a written lease of the Fox Chase School Building, no longer used for school purposes, to Boy Scout Troop No.…