Legal Opinion

Kugel v. Painter

Supreme Court of Pennsylvania

Decided March 11, 1895No. Appeal, No. 157PublishedCited by 1 opinion

Appeal, No. 157, July T., 1894, by defendants, from judgment of C. P. Chester Co., Oct. T., 1893, No. 27, on verdict for plaintiff. Ejectment for a strip of ground in the borough of West Chester. Before Clayton, P. J., specially presiding. At the trial it appeared that on May 23, 1847, John J. Parker and H. R. Guss who were then owners of the land in controversy executed a lease of the land to the West Chester Railroad Company.

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Appeal, No. 157, July T., 1894, by defendants, from judgment of C. P. Chester Co., Oct. T., 1893, No. 27, on verdict for plaintiff. Ejectment for a strip of ground in the borough of West Chester. Before Clayton, P. J., specially presiding. At the trial it appeared that on May 23, 1847, John J. Parker and H. R. Guss who were then owners of the land in controversy executed a lease of the land to the West Chester Railroad Company. The material portions of the lease are as follows: “Whereas, the West Chester Railroad Company, of the county of Chester, Pennsylvania, is now engaged in altering and…

1Opinion of the Court

Peb Cubiam,

This case was carefully and ably tried, and little, if anything, remains to be added by us. The questions involved are *599so clearly and accurately presented in the charge of the learned judge who specially presided at the trial, that it is unnecessary to restate them. An examination of the record, in connection with the several assignments of error, has satisfied us as to the correctness not only of his construction'of the lease of May 28,' 1847, and other papers in evidence, but also of his instructions generally to the jury. In affirming defendants’ fourth point he rightly charged…

2Cited by1 opinion

  1. Mississippi, Terre-aux-Bœufs & Lake Borgne Railroad v. WootenSupreme Court of Louisiana · 1884

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