Forrest v. Buchanan

Citations

• 203 Pa. 454
• 53 A. 267
• 1902 Pa. LEXIS 737

Syllabus

<p>Landlord and tenant — Covenant by landlord to keep in repair — Damages — Nonsuit.</p> <p>In an action by a tenant against a landlord to recover damages for breach of covenant to “ keep in good repair the roofs upon the building demised,” a nonsuit is properly entered where the evidence shows that although the roof leaked frequently after a rain and caused inconvenience and discomfort to the occupants of the building, there had been no refusal or neglect to repair, but that repairs had been made with reasonable promptness, and where there is also no evidence as to what was the pecuniary damage sustained.</p> <p>Where a claim is for damages to property, the evidence must fix the actual loss with reasonable precision through witnesses with knowledge of the facts; mere knowledge of the subject-matter on the part of the jury is insufficient.</p> <p>Appeals — Assignments of error — Nonsuit—Exclusion of teslimony.</p> <p>Where the only assignment of error is a refusal to take off a nonsuit, the appellate court cannot consider questions relating to the exclusion of testimony.</p>