Legal Opinion

Fuller v. Cole

Superior Court of Pennsylvania

Decided May 13, 1907No. Appeal, No. 40PublishedCited by 9 opinions

Appeal, No. 40, Jan. T., 1907, by defendant, from judgment of C. P. Lackawanna Co., March T., 1905, No. 351, on verdict for plaintiff in case of Helen M. Fuller v. Uriah Cole. Trespass to recover damages for cutting ice on ar lake. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for six cents. Defendant appealed.

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Appeal, No. 40, Jan. T., 1907, by defendant, from judgment of C. P. Lackawanna Co., March T., 1905, No. 351, on verdict for plaintiff in case of Helen M. Fuller v. Uriah Cole. Trespass to recover damages for cutting ice on ar lake. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for six cents. Defendant appealed. Errors assigned were (2, 3) rulings on evidence as stated in the opinion of the Superior Court; (1, 4-6), instructions as follows: [1. The plaintiff has established her title to about nine-tenths of Lily Lake, and…

1Opinion of the Court

Opinion by

Orlady J.,

An action of trespass was brought before a magistrate for cutting ice on a body of water known as Lily Lake, situated in Lackawanna county. The defendant filed his affidavit alleging that the title to the land would come in question, and the case was removed to the court of common pleas. At the conclusion of the trial counsel for both parties asked for binding instructions, and after hearing argument the court instructed the jury to return a verdict in favor of the plaintiff and to *565assess damages at a nominal sum. A verdict for six cents was rendered.

While the second…

2Cases cited8 opinions

  1. Irwin v. PatchenSupreme Court of Pennsylvania · 1894
  2. Sitler v. GehrSupreme Court of Pennsylvania · 1884
  3. Smoulter v. BoydSupreme Court of Pennsylvania · 1904
  4. Wilkinson v. ConnellSupreme Court of Pennsylvania · 1893
  5. City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1866

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Miller v. Lutheran Conference and Camp Ass'nSupreme Court of Pennsylvania · 1938
  2. Shaffer v. Baylor's Lake Ass'nSupreme Court of Pennsylvania · 1958
  3. Lakeside Park Co. v. ForsmarkSupreme Court of Pennsylvania · 1959
  4. Cryer v. Sawkill Pines Camp, Inc.Superior Court of Pennsylvania · 1926
  5. Fuller v. FiskSuperior Court of Pennsylvania · 1910

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