Dougherty v. Loebelenz

Citations

• 9 Pa. Super. 344
• 1899 Pa. Super. LEXIS 34

Syllabus

<p>Mechanic's lien — Charge of court — Absence of special request to charge.</p> <p>In a civil case where no request is niaile the mere omission to charge upon a particular point is not ground of error.</p> <p>The defendant having introduced no evidence to rebut the presumption that goods for which a lien had been filed were furnished on the credit of the building it would have been manifestly improper for the trial judge to have called upon the jury to consider the question even had he been requested so to do by defendant.</p> <p>Mechanic's lien — Credit of building — Burden of proof.</p> <p>It is not necessary for a material man to allege in his claim, nor to prove affirmatively, that his materials were furnished upon the credit of the building, if it be shown that they were furnished for and entered into its construction. Furnishing the. materials for the construction of the building is all that is requisite to create a statutory lien.</p>