Garey v. Woodward

Citations

• 127 Pa. 251
• 18 A. 9
• 1889 Pa. LEXIS 1109

Syllabus

<p>¡(a) In an action of trespass for taking lumber, it appeared that the plaintiff’s title to a larger lot of lumber had been determined by an action of replevin between plaintiff and same defendant, and there was evidence that the lumber taken, if not a part of the lumber replevied, was lumber to which the plaintiff had the same title, which fact was known to the defendant.</p> <p>1. In such ease, it was error to charge the jury that if the lumber taken was not part of the lumber replevied, “the title was not adjudicated in the replevin suit as against the defendant, and their verdict should be in his favor.”</p>