Huddleston v. Borough of West Bellevue
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1885, No. 90. This was an action on the case brought by R. H. Huddleston and Clara Huddleston, his wife, in right of said wife, against the borough of West Bellevue and the township of Killbuck, to recover damages for injury done to her land by the defendants in conducting the drainage of a public road into and upon her .land.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1885, No. 90. This was an action on the case brought by R. H. Huddleston and Clara Huddleston, his wife, in right of said wife, against the borough of West Bellevue and the township of Killbuck, to recover damages for injury done to her land by the defendants in conducting the drainage of a public road into and upon her .land. On the trial of the case before Bailby, J., the following facts appeared: The public road, known as Beaver road, runs through the borough of West Bellevue and the township of…
1Opinion of the CourtJustice Paxson
It was error to admit the evidence of Thomas Paisley, contained in the first assignment of error. It was irrelevant; it had nothing to do with the issue before the jury. It was, however, entirely harmless. It could have injured no one, and if there were no other error we would not reverse for such a cause.
It was more serious error to admit the declarations of David Shafer, referred to in the second assignment. Shafer was the father of the plaintiff and was her predecessor in the title. The defendants proved by several witnesses that while Shafer was the owner, and several years before his…
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