Edwards v. Woodruff

Citations

• 25 Pa. Super. 575
• 1904 Pa. Super. LEXIS 117

Syllabus

<p>Pleading — Trespass—Evidence of title — Plea of not guilty.</p> <p>In an action of trespass for-injuries to land the defendant in possession may offer evidence of title under the general plea of not guilty.</p> <p>Land law — Boundaries—Steam—Navigable river.</p> <p>Where a clause in a survey or grant calls for a creek or a small unnavigable river, the grant extends to the middle of the stream; but where the call is for a navigable river the grant extends to ordinary low water mark only.</p> <p>In an action involving title to real estate where the issue turns on whether a stream is or is not navigable, and the plaintiff offers oral testimony that the stream is navigable, and the defendant offers no testimony, the court cannot give binding instructions for the plaintiff; and it may, on a question reserved, if it deems the plaintiff’s evidence insufficient to submit to the jury, enter judgment for defendant non obstante veredicto.</p>