Bughman v. Byers
Supreme Court of Pennsylvania
October Term, 1887, No. 183, W. D., before Gordon, Oh. J., Paxson, Sterrett, and Wii/liams, JJ. Error to the Common Pleas No. 2 of Allegheny County to review a judgment in favor of the defendant in an action of ejectment. This action was brought by H. C. Bughman, surviving trustee under the will of James TL Hays, deceased, against John M. Byers.
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October Term, 1887, No. 183, W. D., before Gordon, Oh. J., Paxson, Sterrett, and Wii/liams, JJ. Error to the Common Pleas No. 2 of Allegheny County to review a judgment in favor of the defendant in an action of ejectment. This action was brought by H. C. Bughman, surviving trustee under the will of James TL Hays, deceased, against John M. Byers. The facts appear in the following portions of the charge of the court by Ewing, P. J.: The representative of the estate of James H. Hays, who died in March, 1876, brings an action of ejectment against John M. Byers, to recover a tract of land of…
1Opinion of the Court
Opinion by
Me. Justice Sterrett:
An examination of this record has led us to the conclusion that some of the learned judge’s comments on portions of plaintiff’s testimony were calculated to unduly weaken its effect and thus mislead the jury. After saying: “Mr. McBoberts and those who agree with him are of opinion they have found the true line by measuring from the hickory that they claim is evidently a corner,” he added: “Yet there is no mark there.” This latter statement appears to be in conflict with the evidence.
Three of plaintiff’s witnesses, all of whom are experienced surveyors, testified…
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