Hughes v. Stevens
Supreme Court of Pennsylvania
Error to the Common Pleas of Franklin county. This was an action of trespass quare clausum fregit, brought by Thaddeus Stevens against John Holker Hughes and Napoleon Hughes, to recover damages for cutting timber upon the plaintiff’s land in Guilford and Green townships. The declaration, which was for a common law trespass, described the close by metes and bounds.
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Error to the Common Pleas of Franklin county. This was an action of trespass quare clausum fregit, brought by Thaddeus Stevens against John Holker Hughes and Napoleon Hughes, to recover damages for cutting timber upon the plaintiff’s land in Guilford and Green townships. The declaration, which was for a common law trespass, described the close by metes and bounds. To this' the defendants pleaded the general issue, two special pleas denying the title and possession of the plaintiff, and liberum tenementum. To this last plea, the plaintiff replied, by way of estoppel, a former recovery in…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
1. There is but little foundation for the assignment of error on the exception to the ruling of the court, in regard to the question proposed to be asked; for it does not appear to have been answered by the witness. He did not say what the timber would have been worth to the owner of the furnace, and this was what it was the 'object of the defendants to prevent. The question did no harm, as it was not answered in the objectionable *323form it was expected. If the same question was propounded to, and answered by others without objection, it…
2Cases cited4 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Wright v. GuierSupreme Court of Pennsylvania · 1840
- Newcomb v. ButterfieldNew York Supreme Court · 1811
- Urket v. CoryellSupreme Court of Pennsylvania · 1842
3Cited by18 opinions
- Rayonier, Incorporated v. F. Arnold PolsonCourt of Appeals for the Ninth Circuit · 1968
- Foster v. WaybrightSupreme Court of Pennsylvania · 1951
- Hall v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
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