Fortunato v. Shenango Limestone Co.

Citations

• 278 Pa. 499
• 123 A. 482
• 1924 Pa. LEXIS 436

Syllabus

<p>Landlord and tenant — Lease—Termination—Death of lessee— Chattel passing to executor or administrator — Bights of widow remaining in possession — Covenants of lease — Use of private wags on lessor’s land — Negligence—Fall of wall — Permissive way — Berry pickers — Act of God — Case for jury.</p> <p>1. As a rule a lease for a term of years, or from month to month, is not terminated by the death of the lessee before the expiration of the then current term. It is a chattel passing to the personal representatives of the lessee, in which his widow has no right of dower, or any right except as it is a part of the estate.</p> <p>2. If the widow remains in possession after the death of the lessee, without raising an administration, and continues in possession without paying rent, and without any rent being demanded of her, she is not a trespasser, whatever may be the nature of her tenancy.</p> <p>3. In such case she is not bound by a covenant in the lease providing that the lessee should not himself use the private ways over the lands of the lessor, nor permit any member of her family to do so.</p> <p>4. The widow and her family may use such private ways as were usual and incident to the enjoyment of her tenancy.</p> <p>5. Where a son of the widow in passing along a private way on lands of the lessor, is killed by the fall of an insecure wall negligently left standing too near the path, the mother may recover for his death, if it appears the employees of the lessor and the wives and children used such path without objection.</p> <p>6. In such case the mere fact that the boy was coming from picking berries on lessor’s property where he had no right to be, would not lessen the measure of care which the lessor must exercise at the dangerous location.</p> <p>7. Where the evidence is disputed as to the character of a storm, whether or not it is an act of God, is for the jury.</p>