Palmer v. Philadelphia Suburban Transportation Co.

Opinion by

Gunther, J.,

Plaintiffs brought this action in trespass against defendant under the Act of June 24, 1939, P. L. 872, §935,18 P.S. §4935, to recover damages for defendant’s willful, negligent and malicious cutting down of trees on plaintiffs’ land. At the trial the facts brought' out were as follows: The defendant, Philadelphia Suburban Transportation Company, was granted a forty-foot strip of land in fee in Nether Providence Township as part of its railway line from Media to Sixty-Ninth Street, Upper Darby, in Delaware County. The plaintiffs’ property which abuts the defendant’s…