Storey v. Hershey
Superior Court of Pennsylvania
Appeal, No. 55, Oct. T., 1901, by-plaintiffs, from judgment of C. P. Huntingdon Co., Dec. T., 1899, No. 22, on verdict for defendant in case of Storey, Douglass & Brode v. L. S. Henshey, Wm. W. Blake and B. Victor. Feigned issue to determine title to four flat cars. Before Baxley, P. J. The opinion of the Superior Court states the case. Verdict and judgment for defendants for $621.27. Plaintiff appealed. Error assigned was in giving binding instructions to defendant.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The appellants were claimants in a sheriff’s interpleader proceeding, and the burden was upon them to show title to and possession of the property in question, consisting of four flat cars which had been owned and used by E. C. Wells, the execution defendant. The cars were in the possession of Wells, on August 24, 1899, at a point along the line of the Pennsylvania Railroad, about two and one half miles west of Hunting-don, where Wells, who was a contractor, was engaged upon certain work for the railroad company. Wells, through his agent, on the day mentioned,…
2Cases cited4 opinions
- Pennsylvania R. Co. v. Stern & SpiegelSupreme Court of Pennsylvania · 1888
- Harrison, Frazier & Co. v. Mora, Ona & Co.Supreme Court of Pennsylvania · 1892
- Wenger v. BarnhartSupreme Court of Pennsylvania · 1867
- Hatch v. LincolnMassachusetts Supreme Judicial Court · 1853