Schienle v. Eckels
Supreme Court of Pennsylvania
Jan. T., 1909, by plaintiff, from order of C. P. No. 2, Phila. Co., March T., 1906, No. 1,327, refusing to take off nonsuit in case of John C. Schienle v. Charles A. Eckels. Trespass by tenant against a landlord for an alleged wrongful eviction. At the trial it appeared that the plaintiff occupied two rooms and a bath in a residence in the city of Philadelphia. He was in possession under a written lease at rental of 116.00 per month payable in advance.
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Jan. T., 1909, by plaintiff, from order of C. P. No. 2, Phila. Co., March T., 1906, No. 1,327, refusing to take off nonsuit in case of John C. Schienle v. Charles A. Eckels. Trespass by tenant against a landlord for an alleged wrongful eviction. At the trial it appeared that the plaintiff occupied two rooms and a bath in a residence in the city of Philadelphia. He was in possession under a written lease at rental of 116.00 per month payable in advance. The plaintiff showed that he had paid his rent in advance for the month of December, 1905, and that on the thirteenth day of that month the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
February 21, 1910:
In our consideration of this case we are not aided by the reasons which moved the learned court below to enter the non-suit nor for the refusal to take it off. The form of the action *307is trespass and the cause the alleged wrongful eviction of appellant as tenant. If the eviction was wrongful the injured party has a remedy in an action for damages. The burden was on plaintiff to show a wrongful eviction, but in our opinion this burden was met by the introduction of evidence sufficient to be submitted to the jury on this question. If the jury should…
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