Good v. Mylin
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action brought by Mylin vs. Good.. It was an action on the case for a nuisance, brought to recover damages, for flooding back upon the mills and tail race of the plaintiff below, &c. The case was before the Supreme Court before, and is reported in 8 Barr, 51, 57. After the record was returned from the Supreme Court, the declaration was amended.
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Error to the Common Pleas of Lancaster county. This was an action brought by Mylin vs. Good.. It was an action on the case for a nuisance, brought to recover damages, for flooding back upon the mills and tail race of the plaintiff below, &c. The case was before the Supreme Court before, and is reported in 8 Barr, 51, 57. After the record was returned from the Supreme Court, the declaration was amended. On the trial, the evidence being .closed by both parties, plaintiff’s counsel addressed the jury. Defendant’s counsel, in his argument to the jury, offered to read to the jury, the opinion of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The point decided in Noble vs. M’Clintock, 6 W. & S. 58, is, that a refusal to let the opinion of the Supreme Court be read to the jury, as the law of the case, is not error for which this court will reverse; but the reasons for it seem not to have been fully stated. The jury^are’lntake the law of the case, not from the report of a former trial of it, but from the lips of the presiding judge whose direction is a subject of revision. It is no objection to this, that the facts may be complicated with principles of law; and that the jury may…
2Cases cited1 opinion
- Noble v. M'ClintockSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Scranton Lackawanna Trust Co. v. BirbeckSupreme Court of Pennsylvania · 1939
- Fisher v. Pennsylvania Co.Supreme Court of Pennsylvania · 1907