Alexander v. Benjamin Herr's Executors
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Oct. 5. This was an action of ejectment by Benj. Herr, plaintiff, against John Alexander and other defendants, to recover the possession of a certain cellar in Pittsburgh. After the institution of the action, and before trial, Herr died, and his title, being a life-estate, expired.
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Error to the District Court of Allegheny. Oct. 5. This was an action of ejectment by Benj. Herr, plaintiff, against John Alexander and other defendants, to recover the possession of a certain cellar in Pittsburgh. After the institution of the action, and before trial, Herr died, and his title, being a life-estate, expired. His executors were substituted, and notice given to the defendants that the plaintiff would give evidence of mesne profits, and would claim the same from the time Herr was dispossessed of the premises. With regard to the measure of damages, Hepburn, President, charged the…
1Opinion of the Court
The opinion of this court was delivered by
Gibson, C. J.
It was intended, in Good v. Mylin, to restore the common-law rule of damages to what it was before Wilt v. Vickers and Rogers v. Pales; but not to touch the exceptions to it in trespass for mesne profits. A recovery for more than the annual value, however, may not be an exception; for violence to the possession, damage to the freehold, and possibly other wrongs to the tenant, may be separate parts of one immediate injury. But it is to be considered how far the courts have sanctioned a verdict for damages which were not a part, but a…
2Cited by12 opinions
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- Commonwealth ex rel. Friedman v. MeyerSupreme Court of Pennsylvania · 1895
- Commonwealth Ex Rel. Scherer v. SchererSuperior Court of Pennsylvania · 1956
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