Collins v. Beatty
148 Pa. 65
Pa.1892Check TreatmentWe 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.