Gibson v. Earling
Superior Court of Pennsylvania
Appeal, No. 179, Oct. T., 1911, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1909, No. 1,956, on verdict for plaintiff in case of Murray Gibson, Trustee under the will of John Gibson, deceased, v. Howard M. Earling. Appeal from judgment of magistrate. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for the plaintiff. Verdict and judgment for plaintiff for $27.25. Defendant appealed.
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Appeal, No. 179, Oct. T., 1911, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1909, No. 1,956, on verdict for plaintiff in case of Murray Gibson, Trustee under the will of John Gibson, deceased, v. Howard M. Earling. Appeal from judgment of magistrate. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for the plaintiff. Verdict and judgment for plaintiff for $27.25. Defendant appealed. Error assigned was in giving binding instructions for plaintiff. Any act of the landlord which deprives the tenant of that…
1Opinion of the Court
Opinion by
Head, J.,
We may agree with the learned counsel for the appellant that if a landlord evicts his tenant from the demised premises, his right to recover rent during the period of such eviction is suspended, and further that the law as to what constitutes an eviction has been correctly stated by our Brother Morrison in McSorley v. Allen, 36 Superior Ct. 271, in the following language: “Physical expulsion is not now considered necessary to constitute an eviction. Any act of a landlord which deprives his tenant of that beneficial enjoyment of the premises to which he is entitled under a…
2Cases cited3 opinions
- Hoeveler v. Fleming & Co.Supreme Court of Pennsylvania · 1879
- Oakford v. NixonSupreme Court of Pennsylvania · 1896
- Gallagher v. BurkeSuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- Walker v. DavisSuperior Court of Pennsylvania · 1917
- Young v. CherpesSuperior Court of Pennsylvania · 1933