Lessee of Forbes v. Caruthers
Supreme Court of Pennsylvania
Ejectment for lands in Pennsbro’ township. The plaintiff claimed under a survey made in 1744, which called for John Ruddock’s lands on the three last courses, and was bounded by Coneodogwinet creek. The survey would not close on protraction, and in order to reach Ruddock’s line, it required that the second line should be extended 40 perches, and to come to the creek that the third line should be extended 40 perches.
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Ejectment for lands in Pennsbro’ township. The plaintiff claimed under a survey made in 1744, which called for John Ruddock’s lands on the three last courses, and was bounded by Coneodogwinet creek. The survey would not close on protraction, and in order to reach Ruddock’s line, it required that the second line should be extended 40 perches, and to come to the creek that the third line should be extended 40 perches. It was evident therefore that some error had obtained in the survey, and it was asserted on the part of the defendants, that it must have arisen from the first line being called…
1Opinion of the Court
Sed per cur.
Mere abstract opinion is not evidence; but a surveyor, or any other person conversant in the subject, may state facts, and his opinion on those facts, to enable the jury to form a correct judgment of the matter in dispute. It is general information in a question of science, which others unacquainted with the subject must necessarily want. Thus a physician, who has not seen the particular patient, may, after hearing the evidence of others, be called to prove on his oath, the general effects of a particular disease, and its probable consequences in the particular case. Peake on…
2Cited by7 opinions
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