Legal Opinion

Pessano v. Eyre

Superior Court of Pennsylvania

Decided March 21, 1900No. Appeal, No. 35PublishedCited by 5 opinions

Appeal, No. 35, Oct. T., 1899, by defendant, from judgment of O. P. No, 4, Phila. Co., Sept. T., 1896, No. 454, on verdict for plaintiff. Opinion by Orlady, J. Assumpsit. From the record it appears that plaintiff was a real estate expert and had been engaged to testify in a suit against the city of Philadelphia for damages caused by the construction of a sewer.

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Appeal, No. 35, Oct. T., 1899, by defendant, from judgment of O. P. No, 4, Phila. Co., Sept. T., 1896, No. 454, on verdict for plaintiff. Opinion by Orlady, J. Assumpsit. From the record it appears that plaintiff was a real estate expert and had been engaged to testify in a suit against the city of Philadelphia for damages caused by the construction of a sewer. The engagement was originally made by Mr. Freeston who had been employed by defendant (counsel for the landowners) as an expert and to prepare plans and employ other experts. Plaintiff testified before the road jury. For this testimony…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff brought his action in assumpsit to recover an amount alleged to be due to him by reason of his alleged employment by the defendant to act as an expert witness in certain land damage proceedings before road reviewers and in the court of common pleas. The defendant was the attorney for the landowners, but the plaintiff claimed that at the time of his employment the defendant agreed to be personally responsible for and liable to him for the usual and customary charges for such services as he rendered. The appellant earnestly urges that the alleged promise to…

2Cases cited5 opinions

  1. Darlington's AppealSupreme Court of Pennsylvania · 1878
  2. M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
  3. Speers v. KnarrSuperior Court of Pennsylvania · 1897
  4. Boston v. FarrSupreme Court of Pennsylvania · 1892
  5. Loeb v. MellingerSuperior Court of Pennsylvania · 1900

3Cited by5 opinions

  1. McCARTHY v. RECORDEX SERVICE, INC.Court of Appeals for the Third Circuit · 1996
  2. McCarthy v. Recordex Service, Inc.Court of Appeals for the Third Circuit · 1996
  3. Copp v. BreskinCourt of Appeals of Washington · 1989
  4. McCarthy v. Recordex Service, Inc.Court of Appeals for the Third Circuit · 1996
  5. McCarthy v. Recordex Service, Inc.Court of Appeals for the Third Circuit · 1996

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