1 Walk. 516
Decided March 28, 1881
Supreme Court of Pennsylvania · decided 1881-03-28
No. 204, Jamtary Term, 1881. This was an action of trespass q. c.f. d. b. a. for a quantity of ice. Payne claimed title under the following license : “Reading, January 24, 1874. Mr. J. M. Payne is permitted to take ice from the canal levels above Schuylkill Haven, to be loaded into boats or shipped by rail to Philadelphia, provided no previous grant has been given by proper authority to other parties. James F. Smith, Chief Engineer of Canals.
Decided 1881-03-28
¶1The Supreme Court affirmed the decision of the lower court on March 28, 1881, in the following opinion:
¶2Whether there is any evidence to submit to the jury as to a fact material to the plaintiffs recovery is a pure question of law and may therefore be properly reserved.
¶3Upon the point reserved we affirm this judgment upon the opinion of the learned court below.
¶4Judgment affirmed.