Fortunato v. Shenango Limestone Co.
Supreme Court of Pennsylvania
Appeal, No. 23, Oct. T., 1923, by defendant, from judgment of O. P. Lawrence Co., Sept. T., 1919, No. 114, on verdict for plaintiff, in case of Mary Fortunato v. Shenango Limestone Co. Trespass for death of plaintiff’s son. Before Emery, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff, on which judgment was entered for $2,500. Defendant appealed. Error assigned was, inter alia, refusal of judgment n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
As a rule, a lease for a term of years, or from month to month, is not terminated by the death of the lessee before the expiration of the then current term. It is a chattel passing to the personal representatives: Keating v. Condon, 68 Pa. 75; Culbreth v. Smith, 69 Maryland 450, 16 Atl. 112; Mayor v. Mabie, 13 N. Y. 151, 159; *502Inches v. Dickinson, 2 Allen (84 Mass.) 71. A widow has no right of dower therein or any right in such lease except as it is a part of the estate.
When appellee’s husband died, the lease under which possession of the house was held by the…
2Cases cited7 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Culbreth v. SmithCourt of Appeals of Maryland · 1888
- Tourison v. EngardSuperior Court of Pennsylvania · 1906
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McCarthy v. FerenceSupreme Court of Pennsylvania · 1948
- Koerth v. Turtle Creek BoroughSupreme Court of Pennsylvania · 1946
- Kapuscianski v. Philadelphia & Reading C. & I. Co.Supreme Court of Pennsylvania · 1927
- Speer v. BarrySupreme Court of Pennsylvania · 1985
- Dimarco v. Penna. R. R. Co.Supreme Court of Pennsylvania · 1936
13 more not listed; retrieve them via the Exa API.