Legal Opinion

Stewart v. F. A. North Co.

Superior Court of Pennsylvania

Decided December 18, 1916No. Appeal, No. 36PublishedCited by 16 opinions

Appeal, No. 36, Oct. T., 1916, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3927, on verdict for plaintiff in case of James F. Stewart v. P. A. North Company. Trespass to recover damages for the loss of personal property alleged to have resulted from an unlawful entry into plaintiff’s premises.

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Appeal, No. 36, Oct. T., 1916, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3927, on verdict for plaintiff in case of James F. Stewart v. P. A. North Company. Trespass to recover damages for the loss of personal property alleged to have resulted from an unlawful entry into plaintiff’s premises. Before Sulzberger, P. J. At the trial Theresa C. Stewart, the divorced wife of the defendant, was called as a witness for the defendant, and was asked this question: “Q. — State whether or not there was in the cellar of the house at the southeast corner of 55th and…

1Opinion of the Court

Opinion by

Henderson, J.,. The plaintiff’s action was brought to recover damages for a trespass alleged to have been committed by the defendant’s agents in breaking and entering the dwelling house of the plaintiff while he was absent therefrom, as a consequence of which the doors of the house were left *199unsecured thereby permitting some persons unknown to the plaintiff to remove from the cellar of the house a quantity of flexible tubing and other articles, the property of the plaintiff. The evidence showed that the defendant’s employees came to the plaintiff’s house and having removed a board…

2Cases cited5 opinions

  1. Hitner's AppealSupreme Court of Pennsylvania · 1867
  2. Stephens v. CotterellSupreme Court of Pennsylvania · 1882
  3. Robb's AppealSupreme Court of Pennsylvania · 1881
  4. Hayes's EstateSuperior Court of Pennsylvania · 1903
  5. Abel v. M. H. Pickering Co.Superior Court of Pennsylvania · 1914

3Cited by16 opinions

  1. Commonwealth v. ChiappiniSupreme Court of Pennsylvania · 2001
  2. Hunter v. HunterSuperior Court of Pennsylvania · 1951
  3. Bloomquist v. First National Bank of Elk RiverCourt of Appeals of Minnesota · 1985
  4. Girard v. AndersonSupreme Court of Iowa · 1934
  5. Rodriguez v. Mellon Bank, N.A. (In Re Rodriguez)United States Bankruptcy Court, E.D. Pennsylvania · 1998

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