Fisher v. Paff

Citations

• 11 Pa. Super. 401
• 1899 Pa. Super. LEXIS 148

Syllabus

<p>Pleading — Act of May 25, 1887, P. L. 271, affects forms of pleading not rights of parties — Evidence.</p> <p>Where a statement in trespass includes every ingredient of a good cause of action averred with the same precision, accuracy and completeness which was required in a declaration at common law, the defendant under his pleas of the general issue may offer any evidence which would have been admissible under a special plea and the plaintiff may present any testimony, which would have been relevant and competent under a replication and traverse. The procedure act of 1887 does not change the rights of the parties nor the rules of evidence to be observed in establishing these rights; it affects only the forms of pleading.</p> <p>jEvidence — Act of 1887 — Admissible proof under general issue.</p> <p>Plaintiff alleged damages resulting from erection of a dam by defendant. Defendant filed plea of general issue under which he introduced evidence which established a dam in existence for over fifty years with a right to raise same ten inches. Held, that plaintiff under the pleadings could show the existence of only a limited right and the presumptive exhaustion of the right to raise the dam.</p>