196 Pa. 363 | Pa. | 1900
Opinion by
The vital question for determination in this issue, as suggested in the opinion of the Superior Court, was as to the ownership of the tramway constructed on the land of the plaintiffs. The plaintiffs contended and requested the court to charge the jur}*- that by virtue of the contract of October 30, 1885, the original, as well as the reconstructed, tramroad became a part of the realty and was the property of the plaintiffs. The defendants maintained that the tramway was constructed for the removal of the timber and not for the permanent improvement
The ownership of the tramroad having been determined to be in the plaintiffs, the verdict of the jury must necessarily have been in favor of the plaintiffs. We have carefully considered the matters complained of in the various assignments of error and are not convinced that the court below committed any reversible error on the trial of the cause. The learned president judge of the Superior Court has discussed all the questions raised in the numerous specifications of error in an elaborate and an exhaustive opinion and it would serve no good purpose to discuss them here. ■ His conclusions are fully sustained by his reasoning and the authorities cited.
The judgment of the Superior Court is affirmed.