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· 10/30/1905

Brundred v. McLaughlin

Citations

  • 213 Pa. 115
  • 62 A. 565
  • 1905 Pa. LEXIS 386

Syllabus

<p>Evidence — Facts—Opinion—Witness—Ejectment.</p> <p>In an action of ejectment the only question involved was the location of a boundary lino. A surveyor who made investigations on the ground was asked this question: “Where, in your opinion, is the line between Nos. 83 and 84?” The trial court ruled that as the investigation made by the witness on the ground was for the purpose of ascertaining the boundary line, and as he had given the facts as he learned them, he should be permitted to answer the question. Held, to be proper, inasmuch as the evidence was not a mere opinion of the witness, but a summary of his observations on the ground, and therefore testimony to a fact.</p>

Judges: Brown, Chriam, Elkin, Fell, Mestre, Mitchell, Potter, Stewart, Zat

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