McKay v. Pearson
Superior Court of Pennsylvania
Appeal, No. 77, April T., 1897, by defendant, from judgment of C. P. Mercer Co., Sept. T., 1894, No. 101, on verdict for plaintiff. Appeal from judgment of justice. Before Miller, P. J. This was an action of trespass to recover the value of a crop of growing grain alleged to be the property of the way going tenant. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $46.66. Defendant appealed.
Read the full summary
Appeal, No. 77, April T., 1897, by defendant, from judgment of C. P. Mercer Co., Sept. T., 1894, No. 101, on verdict for plaintiff. Appeal from judgment of justice. Before Miller, P. J. This was an action of trespass to recover the value of a crop of growing grain alleged to be the property of the way going tenant. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $46.66. Defendant appealed. Errors assigned among others were (1) To portions of the judge’s charge as follows : “It is a question of fact for you to find whether or not there was a…
1Opinion of the Court
Opinion by
Wickham, J.,
J. S. McKay, the plaintiff, in the fall of 1893, sowed five acres of wheat on a farm that he had leased from William Turner. At the expiration of his term, in the spring of 1894, he removed from the farm. On July 4, 1894, the wheat was *532ripe and ready for cutting, and the plaintiff, with a man and the necessary machinery, went to the premises to harvest it, as it is now admitted he had a legal right to do.
He was there met by G. W. Pearson, the defendant, who had succeeded him as Turner’s tenant, and who warned him to keep off the land. The next morning the plaintiff again…
2Cases cited6 opinions
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Backenstoss v. Stahler's AdministratorsSupreme Court of Pennsylvania · 1859
- Green v. SperrySupreme Court of Vermont · 1844
- Shaw v. BowmanSupreme Court of Pennsylvania · 1879
- Whitaker v. HoughtonSupreme Court of Pennsylvania · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Commonwealth v. PetermanSuperior Court of Pennsylvania · 1938
- Druckenmiller v. KuzenskiSuperior Court of Pennsylvania · 1956
- Cohen v. Bernard, Pennsylvania Court of Common Pleas, Philadelphia County1948
- Swanson v. Carlson, Pennsylvania Court of Common Pleas, Warren County1986