Reading Co. v. Spink
Supreme Court of Pennsylvania
Appeal, No. 42, Jan. T., 1919, by defendant, from judgment of C. P. No. 3, Philadelphia (Go., Dec. T., 1914, No. 2682, on verdict for plaintiff in case of Reading Company v. William Spink. Assumpsit to recover an annual rent charge. Before Davis, J. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,543.49. Defendant appealed. Error assigned, among others, was in giving binding instructions for plaintiff.
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Appeal, No. 42, Jan. T., 1919, by defendant, from judgment of C. P. No. 3, Philadelphia (Go., Dec. T., 1914, No. 2682, on verdict for plaintiff in case of Reading Company v. William Spink. Assumpsit to recover an annual rent charge. Before Davis, J. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,543.49. Defendant appealed. Error assigned, among others, was in giving binding instructions for plaintiff. A question is not rendered res adjudicata unless it is necessary to the determination of the prior litigation: Bigley v. Jones, 114 Pa. 510; Connery…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff’s predecessor in title, the Schuylkill Navigation Company, granted and conveyed to defendant’s predecessors in title a tract of land along the canal of the navigation company, giving to the grantees, their heirs and assigns, the right to draw a certain quantity of water from the canal, they in turn covenanting to yield and pay to the navigation company, its successors and assigns, a stated sum of money annually. By later deeds there was a reduction of the amount of water to be taken, and the amounts to be paid. Defendant and his predecessors in title…
2Cases cited3 opinions
- Jackson v. ThomsonSupreme Court of Pennsylvania · 1906
- Spink v. Schuylkill Navigation Co.Supreme Court of Pennsylvania · 1913
- Spink v. Philadelphia Hydro-Electric Co.Supreme Court of Pennsylvania · 1914
3Cited by4 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- School District No. 1 v. HowardWyoming Supreme Court · 1935
- Elliott v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1921
- Moskowitz v. Prudential Insurance Co. of America, Pennsylvania Court of Common Pleas, Philadelphia County1945