Grogan v. Leike

Citations

• 22 Pa. Super. 59
• 1903 Pa. Super. LEXIS 157

Syllabus

<p>Trespass—Evidence— Gross-examination--Removal of boundary stone— Gonsentable line.</p> <p>In an action of trespass where the plaintiff in his examination in chief testifies that a stone which marked the boundary between his land and the defendant had been wrongfully set back by the defendant on plaintiff's land, the plaintiff maybe cross-examined in order to show that he and his son were upon the ground at the time the defendant set the fence and assented to the location as being the proper line separating their properties. Such an examination is not only proper as cross-examination, but it cannot in any sense be deemed special matter not admissible without notice under the plea of not guilty; nor does such evidence tend in anyway to establish what is known as a eonsentable line.</p> <p>The establishment of this kind of boundary (a eonsentable line) is always a matter of compromise in which each party supposes he gives up for the sake of peace something to which in strict justice he is entitled. There is an express mutual abandonment of their former lights, upon an agreement that, whether they be good or whether they be bad, neither is to recur to them on any pretense whatever, or claim anything that he does not derive from the terms of the agreement. Each takes his chance of obtaining an equivalent for everything he relinquishes, and, if the event turn out contrary to his expectations, so much the worse for him. If there be no intention of fraud, no unfair dealing and neither partyhas more knowledge of the fact misconceived than the other had, the contact will bind.</p>