Rudy v. Myton
Superior Court of Pennsylvania
Appeal, No. 234, Oct. T., 1900, by-defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1899, No. 10, on verdict for plaintiff, in case of Plenry Rudy, Administrator of Margaret Rudy, Deceased, v. Benner R. Myton, Thomas F. Shipton, Mary P. Shipton and Thomas F. Shipton. Trespass to recover damages resulting from the cutting off of a supply of water.
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Appeal, No. 234, Oct. T., 1900, by-defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1899, No. 10, on verdict for plaintiff, in case of Plenry Rudy, Administrator of Margaret Rudy, Deceased, v. Benner R. Myton, Thomas F. Shipton, Mary P. Shipton and Thomas F. Shipton. Trespass to recover damages resulting from the cutting off of a supply of water. Before Bailey, P. J. From the record it appeared that the suit was originally begun by Margaret Rudy, and that after her death Henry Rudy, her administrator, had been substituted plaintiff. At the trial it appeared that in 1871, Margaret…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiff had called a living and competent witness who had testified adversely to the interest of defendants with regard to a certain matter which was relevant and which had occurred before the death of Margaret Rudy, the plaintiff, and in the. presence and hearing of such witness. The effect of this was to render the surviving defendants competent to testify with regard to that particular relevant matter, all the elements essential to bring the case within the operation of the. Act of June 11, 1891, P. L. 287, being present: Roth’s Estate, 150 Pa. 261;…
2Cases cited6 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- Roth's EstateSupreme Court of Pennsylvania · 1892
- Krumrine v. GrenobleSupreme Court of Pennsylvania · 1895
- Brumbach ex rel. Swavely v. McLeanSupreme Court of Pennsylvania · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Tyrrel v. StateIndiana Supreme Court · 1912
- Schweitzer v. WilliamsSuperior Court of Pennsylvania · 1910