Getz v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 246. This case originated, in the court below, by a petition filed June 18, 1881, by “Hiram S. Getz, and James K. Getz and Hiram S. Getz, doing business under the firm name of H. S. Getz & Co., lessees of Hiram S. Getz,” for the appointment of seven persons to assess damages to Hiram S. Getz, owner, and to' the firm of Hiram S. Getz & Co., lessees* for certain land taken and injured bjr the…
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Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 246. This case originated, in the court below, by a petition filed June 18, 1881, by “Hiram S. Getz, and James K. Getz and Hiram S. Getz, doing business under the firm name of H. S. Getz & Co., lessees of Hiram S. Getz,” for the appointment of seven persons to assess damages to Hiram S. Getz, owner, and to' the firm of Hiram S. Getz & Co., lessees* for certain land taken and injured bjr the Philadelphia and Reading Railroad Company, in the city of Reading. Viewers were appointed, who assessed damages in favor of…
1Opinion of the CourtJustice Sterrett
While the learned judge did not say in express terms, that the tenants, II. S. Getz & Co., had no such interest in the lot and machinery thereon, or in the business that was there carried on, as would entitle them to recover, he practically instructed the jury that they had no case. In his rulings on *552offers of evidence and in his instructions to the jury, he suggested in a way that could not be misunderstood, that they had shown nothing on which to base a claim - for damages against the Railroad- Company. In excluding the offer to prove by the junior member of the firm, “ that, after the…
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