McCusker v. Mitchell

The first exception is to the ruling of the court, in permitting plaintiff to prove that he employed a civil engineer to survey and make a plat of the land in question to be used at the trial. In view of the fact that the defendant had denied the alleged trespass in his plea, and had disputed the plaintiff’s line up to about the time of trial, we think the evidence was admissible. Indeed, at the trial the defendant’s counsel expressly refused to admit the plaintiff’s line to be where it was claimed by him, although he had pleaded a license from plaintiff to do the things complained of. The…