Reep v. Wagner

Citations

• 21 Pa. Super. 268
• 1902 Pa. Super. LEXIS 348

Syllabus

<p>Trespass qaare clausum fregit — Possession—Cotenants—Charge.</p> <p>Where one oí several cotenants in possession of real estate by permission of the other cotenants, leaves the premises temporarily with no intention of abandonment, and another of the cotenants forcibly enters and throws out furniture which he finds there, he will be liable in damages to the cotenant upon whose possession he has trespassed.</p> <p>In an action to recover damages for a trespass alleged to have been committed on the day before Decoration day, a judgment on a verdict for plaintiff will not be reversed because the court said to the jury: “If you recollect last Decoration day; it seems that these parties went the day before ; on Decoration day there was a very heavy rain ; I know that, I went to Prospect and it poured on me nearly all the day and it rained in the afternoon.”</p>