Collins v. Beatty

Supreme Court of Pennsylvania
Collins v. Beatty, 148 Pa. 65 (Pa. 1892)
23 A. 982; 1892 Pa. LEXIS 909
Green, Headrick, Mitchell, Paxson, Williams

Collins v. Beatty

Opinion of the Court

Per Curiam,

We do not think the court below erred in giving the jury a binding instruction in favor of the defendant. The action was trespass quare clausum fregit, and the plea “ not guilty.” The evidence showed the defendant to have been in possession of the locus in quo at the time the alleged trespass was committed, and for some years before. Under such circumstances the action of trespass cannot be maintained.

Judgment affirmed.

Reference

Cited By
10 cases
Status
Published
Syllabus
Trespass quare clausum, fregit, when maintainable. Trespass quare clausum fregit cannot be maintained if the defendant was in possession of the locus in quo when the alleged trespass was committed, and had been in possession for some years previous thereto.