PALMER v. PHILA. SUBURBAN T. CO.


174 Pa.Super. 1 (1953)

Palmer, Appellant, v. Philadelphia Suburban Transportation Company.

Superior Court of Pennsylvania.

July 14, 1953.


Attorney(s) appearing for the Case

Daniel Marcu, with him Holl, Taylor & Holl, for appellants.

Theodore Smithers, with him Chadwick, Curran, Petrikin & Smithers, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, GUNTHER and WRIGHT, JJ.


OPINION BY GUNTHER, J., July 14, 1953:

Plaintiffs brought this action in trespass against defendant under the Act of June 24, 1939, P.L. 872, § 935, 18 P.S. § 4935, to recover damages for defendant's willful, negligent and malicious cutting down of trees on plaintiffs' land. At the trial the facts brought out were as follows: The defendant, Philadelphia Suburban Transportation Company, was granted a forty-foot strip of land in fee in Nether Providence Township...

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