Huling v. Henderson
Supreme Court of Pennsylvania
Appeal, No. 129, July T., 1893, by defendant, William Henderson, from judgment of C. P. Delaware Co., Deo. T., 1891, No. 125, on verdict for plaintiff, Charles C. Huling. Trespass for destruction of two shade trees. The case was originally brought before a justice of the peace. Upon appeal to the court of common pleas, plaintiff filed a statement claiming three hundred dollars damages.
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Appeal, No. 129, July T., 1893, by defendant, William Henderson, from judgment of C. P. Delaware Co., Deo. T., 1891, No. 125, on verdict for plaintiff, Charles C. Huling. Trespass for destruction of two shade trees. The case was originally brought before a justice of the peace. Upon appeal to the court of common pleas, plaintiff filed a statement claiming three hundred dollars damages. At the trial, before Clayton, P. J., it appeared that, on March 1,1872, Price I. Patton bought a tract of land at Fern-wood, in Delaware county. He cut and laid streets through it, divided it into building…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge put before the jury very clearly three views of the case for their consideration. First, that if the defendant trimmed the trees with the permission of the person who he thought had authority, and the plaintiff saw him doing it and made no objection, the jury might find in defendant’s favor, unless he killed the trees by carelessness and want of skill. Defendant certainly has no right to complain of this, it was more favorable to him than he was entitled to ask. If Kelly had in fact no authority, permission from him did not excuse the trespass,…
2Cases cited3 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Lake Shore & Michigan Southern Railway Co. v. RosenzweigSupreme Court of Pennsylvania · 1886
- Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
3Cited by7 opinions
- Maintenance Equipment Co., Inc. v. Godley BuildersCourt of Appeals of North Carolina · 1992
- Greeney v. Pennsylvania Water Co.Superior Court of Pennsylvania · 1905
- Sperry v. SeidelSupreme Court of Pennsylvania · 1907
- Hannigan v. S. Klein's Department Store, Pennsylvania Court of Common Pleas, Philadelphia County1976
- Nido v. Chambers, Pennsylvania Court of Common Pleas, Lawrence County1975
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