Lessee of Fehl v. Good
Supreme Court of Pennsylvania
THIS ejectment was tried before Mr. Justice Teates at a Circuit Court for Lancaster County in May 1806, when a verdict was found for the plaintiff. In May 1808, the late Judge Smith, who rode that circuit, ordered a new upon the inspection of Judge Teates1 s notes; and from this decision the plaintiff appealed. ' The case turned upon the accuracy of a line and boundary claimed by the plaintiff for his survey.
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THIS ejectment was tried before Mr. Justice Teates at a Circuit Court for Lancaster County in May 1806, when a verdict was found for the plaintiff. In May 1808, the late Judge Smith, who rode that circuit, ordered a new upon the inspection of Judge Teates1 s notes; and from this decision the plaintiff appealed. ' The case turned upon the accuracy of a line and boundary claimed by the plaintiff for his survey. One witness, whose general credit was not impeached, swore in support of the plaintiff’s claim. Six witnesses swore the other way. The judge was of opinion that the cause depended very…
1Opinion of the Court
Tilghman C. J.
delivered the Court’s opinion.
In this cause a verdict was found for the plaintiff, and the question is, whether a new trial shall be granted.
The charge of the judge inclined in favour of the defendants, but the cause turned upon matters of fact, and it was submitted to the jury as resting very much upon the credibility of one of the plaintiff’s witnesses. The character of witnesses, and the credit which is due to them, are subjects peculiarly within the province of the jury; and where the verdict has depended on these points, the Court has always refused to interfere, except in…
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