Legal Opinion

Gallagher v. Burke

Superior Court of Pennsylvania

Decided March 21, 1900No. Appeal, No. 23PublishedCited by 6 opinions

Appeal, No. 23, Jan. T., 1900, by defendants, from judgment of C. P. Luzerne Co., May T., 1891, No. 541, on verdict for plaintiffs. Opinion by W. W. Porter, J. Trespass for forcible dispossession of premises occupied under lease. The facts appear in the following portions of the charge of the court.

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Appeal, No. 23, Jan. T., 1900, by defendants, from judgment of C. P. Luzerne Co., May T., 1891, No. 541, on verdict for plaintiffs. Opinion by W. W. Porter, J. Trespass for forcible dispossession of premises occupied under lease. The facts appear in the following portions of the charge of the court. This action .... was brought to recover damages alleged by the plaintiffs to have been sustained by them in the alleged suspension of their .business, the injur}1" to their business credit, their loss of certain property and their inability to procure a place in which to conduct further business,…

1Opinion of the Court

Opinion by

William W. Porter, J.,

The assignments of error are four in number. The first is to a part of the charge. If anything is clear in this case it is that it turns on the question, whether there was an extension of the lease between the parties as to the part of the property used as adiquor store-room. So the trial judge rightly said, and submitted the question of fact to the jury for decision. But little stress is laid upon the first assignment. We dismiss it.

It is claimed by the second assignment that the presentation made by the, portion of the charge therein quoted excludes the…

2Cases cited4 opinions

  1. Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
  2. Moore's AppealSupreme Court of Pennsylvania · 1879
  3. Nagle v. MullisonSupreme Court of Pennsylvania · 1859
  4. Irwin v. NoldeSupreme Court of Pennsylvania · 1896

3Cited by6 opinions

  1. Adler v. SklaroffSuperior Court of Pennsylvania · 1943
  2. McSorley v. AllenSuperior Court of Pennsylvania · 1908
  3. Hendler v. QuigleySuperior Court of Pennsylvania · 1909
  4. Quinter v. QuinterSupreme Court of Pennsylvania · 1918
  5. Gibson v. EarlingSuperior Court of Pennsylvania · 1912

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