Hill v. Torpey

Citations

• 46 Pa. Super. 286
• 1911 Pa. Super. LEXIS 268

Syllabus

<p>Landlord and tenant — Lease—Term—Month to month — Year to year — Evidence.</p> <p>1. In an action by a landlord against a tenant for rent, where the issue is as to whether the term under the oral lease was to be from month to month or from year to year, and there is a direct conflict of testimony on the subject, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained; and this is especially so where the circumstances of the tenant’s business, and the terms of a written lease between other parties, but under which the tenant entered, indicate that is was not probable that he would have taken, or did take a lease from month to month.</p> <p>Practice, C. P. — Trial—Interrogation of witness by judge.</p> <p>2. It is not error on the part of a trial judge to develop testimony by his own examination which might have been brought out by questions propounded by the plaintiff’s counsel. There is large discretion allowed to the trial judge in interrogating witnesses, and there is no warrant for the reversal of a judgment where the evidence solicited was entirely competent.</p>