Stuart v. Line
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1899, by defendant, from judgment of C. P. Cumberland Co., Nov. T., 1896, No. 92, on verdict for plaintiff. Opinion by Orlady, J. Trespass. Before McClure, P. J., of the 17th judicial district, specially presiding. It appears from the record and evidence that the defendant is the owner in fee of a farm, which was conveyed to him in 1886 by W. A. Coffey, executor of Joseph Galbraith, deceased.
Read the full summary
Appeal, No. 2, March T., 1899, by defendant, from judgment of C. P. Cumberland Co., Nov. T., 1896, No. 92, on verdict for plaintiff. Opinion by Orlady, J. Trespass. Before McClure, P. J., of the 17th judicial district, specially presiding. It appears from the record and evidence that the defendant is the owner in fee of a farm, which was conveyed to him in 1886 by W. A. Coffey, executor of Joseph Galbraith, deceased. The said Joseph Galbraith had purchased the farm in 1877 from W. A. Coffey, administrator of Wm. Galbraith, deceased, who died in 1876. This farm lies between a public highway,…
1Opinion of the Court
Opinion by
Orlady, J.,
After a trial on the merits of a case, a defect in the pleadings will not be considered as fatal, unless it is shown to have injuriously affected the trial, and a proper amendment will be considered to have been made: Chapin v. Cambria Iron Co., 145 Pa. 478; Eckert v. Schock, 155 Pa. 530; Com. v. Press Co., 156 Pa. 516. The statement filed in the case described the road in question as a public highway, while in the bill of particulars it was mentioned as “ a road through the land of the plaintiff.” The case was tried on the issue as defined in the plaintiff’s and…
2Cases cited13 opinions
- Baldwin v. TaylorSupreme Court of Pennsylvania · 1895
- Cannon v. BoydSupreme Court of Pennsylvania · 1873
- Held v. McBrideSuperior Court of Pennsylvania · 1896
- Bennett v. BiddleSupreme Court of Pennsylvania · 1892
- Geible v. Smith, Pennsylvania Court of Common Pleas, Butler County1892
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McMeekin v. Prudential InsuranceSupreme Court of Pennsylvania · 1944
- Rudolph Wurlitzer Co. v. James, Pennsylvania Court of Common Pleas, Lawrence County1929