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4 Walk. 472

Butterfield v. Strauss

Supreme Court of Pennsylvania

Decided May 26, 1884

Supreme Court of Pennsylvania · decided 1884-05-26

No. 31, July Term, 1884. This was an action of replevin for certain articles distrained for rent. The charge of the Court was as follows, per: Mr. Butterfield, the plaintiff in this case, was in possession of certain premises in Bradford city, in this county, as a tenant of these defendants, under a lease by which he agreed to pay certain rents.

Decided 1884-05-26

¶1The Supreme Court affirmed the judgment of the Common Pleas on May 26th, 1884, in the following opinion:

Per Curiam.

¶2The evidence is unquestioned, that the stairs were built with the consent of the plaintiff. The fact that the landlord omitted to construct a proper covering to them, whereby the plaintiff’s possession and enjoyment of the premises was interferred with, was not such an eviction as to work a suspension of of rent.

¶3Judgment affirmed.

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