Russell v. Stratton
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1900, No. 272, on verdict for plaintiff in case of Robert Russell v. E. L. Stratton, George W. Lewis and W. P. Woods, trading as Stratton, Lewis & Company. Assumpsit for cut stone and use of tools. Before Collier, J. At the trial it appeared that plaintiff had leased a quarry from one Kepple.
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Appeal, No. 105, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1900, No. 272, on verdict for plaintiff in case of Robert Russell v. E. L. Stratton, George W. Lewis and W. P. Woods, trading as Stratton, Lewis & Company. Assumpsit for cut stone and use of tools. Before Collier, J. At the trial it appeared that plaintiff had leased a quarry from one Kepple. He took out a large quantity of cut stone, some of which lie could not sell at the time. He went away on other business, and while away made several efforts to sell the stone. Two years after his departure…
1Opinion of the Court
Pee Cueiam,
The main question in the case was-whether the property .in controversy had been abandoned by the plaintiff. This was to be determined from a consideration of the nature of the property and the conduct of the plaintiff in relation to it, and the question was essentially one of fact for the jury.
The judgment is affirmed.
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