Parks v. Penna. Clay Co.
Superior Court of Pennsylvania
Appeal, No. 125, April T., 1915, by defendant, from judgment of C. P. Beaver Co., March T., 1909, No. 173, on verdict for plaintiff in case of Mary D. Parks, Administratrix of the Estate of James I. Parks, deceased, v. Pennsylvania Clay Company. Trespass for mesne profits. Before Holt, P. J. At the trial it appeared that James I. Parks owned and operated certain brick plants in Crow’s Run Valley.
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Appeal, No. 125, April T., 1915, by defendant, from judgment of C. P. Beaver Co., March T., 1909, No. 173, on verdict for plaintiff in case of Mary D. Parks, Administratrix of the Estate of James I. Parks, deceased, v. Pennsylvania Clay Company. Trespass for mesne profits. Before Holt, P. J. At the trial it appeared that James I. Parks owned and operated certain brick plants in Crow’s Run Valley. Some years prior to 1905 Parks and his sons organized a corporation entitled the Pennsylvania Clay Company which took over the business and land, except a small triangular piece as to which James I.…
1Opinion of the Court
Opinion by
Kephart, J.,
Mesne profits may be claimed in an action of ejectment ..without any formal averment of a trespass and a continuance of such trespass: Dawson v. McGill, 4 Wharton 229; Boyd v. Cowan, 4 Dallas 138. The legal effect of the action of ejectment when mesne profits are claimed is, that the plaintiff was in possession of the land in dispute, was ousted by the defendant, and continued, to be ousted to the day of trial, evidencing continued trespass for which, so far as mesne profits are concerned, the jury may award damages to the day of trial: Dawson v. McGill, supra; Boyd v.…
2Cases cited5 opinions
- Phillips v. MongesSupreme Court of Pennsylvania · 1839
- Kille v. EgeSupreme Court of Pennsylvania · 1876
- Carman v. BeamSupreme Court of Pennsylvania · 1879
- Hartman v. Pittsburg Inclined Plane Co.Superior Court of Pennsylvania · 1903
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. FierstSupreme Court of Pennsylvania · 1880