Short v. Messenger
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF ELK COUNTY. No. 127 July Term 1888, Sup. Ct.; court below, No. 82 January Term 1886, C. P. On December 4, 1885, George D. Messenger, Jr., brought case against Samson Short, to recover damages for cutting and converting timber. Issue.
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ERROR TO THE COURT OF COMMON PLEAS OF ELK COUNTY. No. 127 July Term 1888, Sup. Ct.; court below, No. 82 January Term 1886, C. P. On December 4, 1885, George D. Messenger, Jr., brought case against Samson Short, to recover damages for cutting and converting timber. Issue. At the trial on May 25, 1887, the plaintiff proved an agreement in writing, dated June 28, 1881, with G. A. Carrier and others, by which Carrier and others sold to Messenger, the plaintiff, all the down timber, pine and hemlock, on their Toby tracts, within one fourth of a mile of Toby creek, at a certain price per cubic…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxsoh:
While the question is not entirely free from doubt, we are not prepared to say that an action on the case will not lie in this instance. It is clear that both the plaintiff and the defendant had an interest in the timber which is the subject of this controversy. It is true, the interest and rights of the plaintiff below were paramount to those of the defendant, yet the fact remains that each had an interest; and I do not see how an action of trespass would lie by one against the other. The objection is purely technical; and, while this suit was commenced prior…
2Cited by3 opinions
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- Ellis v. Alta Friendly SocietySuperior Court of Pennsylvania · 1901