McIntire v. Westmoreland Coal Co.

Citations

• 118 Pa. 108
• 20 W.N.C. 508
• 11 A. 808
• 1888 Pa. LEXIS 372

Syllabus

<p>1. When the cause of action alleged is an injury both to the possession and to the freehold, affecting both plaintiffs though in different degrees, a tenant for life and the remainderman may join in case for the recovery of damages.</p> <p>2. Though some of the counts in the narr. are in case and others in trespass, the writ will not be quashed if there be any count which may be sustained and a recovery in either form would be a bar to an action in the other.</p>