29 Pa. Super. 172 | Pa. Super. Ct. | 1905
Opinion by
The verdict of the jury established the fact that the defendant had entered upon the plaintiffs’ land and had excavated a ditch in which it laid an intake pipe. Its liability was
It is not disputed that the right of action, if any existed was in the plaintiffs, as the title was in them at the time of the entry and comemncement of the work. This right was personal and could pass by assignment: McFadden v. Johnson, 72 Pa. 335. The use plaintiff does not claim by virtue of the conveyance to him of the lot but under the assignment by the plaintiffs of their claim for compensation for the light of way appropriated. The charge of the learned trial judge was full and clear and gave to the jury a correct statement of the law pertinent to the issue tried. It is unnecessary to consider the assignments of error in detail.
The judgment is affirmed.