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4 Walk. 461

Levering v. Brooks

Supreme Court of Pennsylvania

Decided April 13, 1885

Supreme Court of Pennsylvania · decided 1885-04-13

1 of Philadelphia County. No. 144, July Term, 1884. Ths was an action of trover and conversion to recover the value of certain railroad tics, brought by Brooks and George .against William A. Levering. The charge of the Court and ■answers to points were as follows, per This was an action of trover and conversion to recover damages for the conversion of the property, of one man to the use of another. If a man converts my property to his own use I have an action against him.

Affirmed · Decided 1885-04-13

¶1The Supreme Court affirmed the judgment of the Common Pleas on April 13th, 1885, in the following opinion:

Per Curiam.

¶2There was no error in the rejection of evidence covered by the fourth and fifth assignments of error. Letters and conversations between persons, both agents for the plaintiff in error, were not admissable to affect the opposite party; nor was the unsupported claim of one to whom the wood leave was paid, evidence to establish a right of property in the ties. As-the taking of the property was unlawful, that was in itself a conversion; so no demand was necessary. Moreover, the defense set up was a claim of right to the property. It was a persistent denial of all right of property in the plaintiff below. There was no error in entering judgment in his favor on the point reserved.

¶3Judgment affirmed. - ■ . - -

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