Hileman v. Hileman

Citations

• 172 Pa. 323
• 33 A. 575
• 1896 Pa. LEXIS 779

Syllabus

<p>Practice, C. P. — Amendments—Parties—Partnership—Joint tortfeasors</p> <p>A mistake made by the plaintiff in an action oí trespass in charging the defendants as partners instead of as joint wrongdoers is amendable.</p> <p>Amendment — Costs—Discretion of court.</p> <p>Where the court grants the plaintiff a new trial in an action of trespass, and before the new trial permits the plaintiff to amend the record so as to charge the defendants as joint wrongdoers instead of partners, the Supreme Court will not reverse a judgment on a verdict for the plaintiff at the second trial, because the court below did not, as a condition of granting the amendment, impose upon plaintiff the costs that had accrued to that time, where there is nothing upon the record to show that the discretion of the court as to the imposition of costs had been abused.</p> <p>Trespass — Waters—Pollution of waters — Continuing trespass — Joint tort feasors — Evidence.</p> <p>In an action of trespass against two defendants to recover damages for the pollution of a stream, it is proper to admit evidence that defendants were the owners and operators of a distillery, and that they negligently permitted noxious refuse to enter the stream which flowed through plaintiff’s land. In such a case either defendant may offer evidence in rebuttal tending to show that it was not the joint action of both.</p> <p>While as to distinct acts of trespass such as cutting down trees, or tearing down fences, evidence of a partnership is not admissible to charge two or more defendants jointly; such evidence is admissible where the injury is caused by the continuous operation of a manufacturing establishment in polluting a stream.</p> <p>Damages — Trespass—Notice of damages up to date of trial — Act of May 2, 1876.</p> <p>The act of May 2, 1S76, P. L. 95, which permits plaintiff to give notice of claim for damages or mesne profits up to date of trial, and to offer evidence under the notice, applies not only to cases where the