Jackson v. Gunton

Citations

• 26 Pa. Super. 203
• 1904 Pa. Super. LEXIS 293

Syllabus

<p>Practice, C. P'. — Amendment—Statement—Trespass—Treble damages.</p> <p>The cause of action is the particular matter for which a suit is brought, and when the object of an amendment is not to forsake this, but to adhere to it and effect a recovery upon it, it is the duty of the court when the merits of the case cannot otherwise be reached; to permit the amendment. This rule is not restricted to actions ex contractu. It applies also to actions ex delicto.</p> <p>Where in an action of trespass the statement shows that the cause of action was breaking the plaintiff’s close and mining and removing therefrom coal, and concludes with an averment that this was done contrary to the acts of assembly in such case made and provided, and the damages claimed are three times the value of the coal removed, an amendment to the statement is properly allowed which sets forth (1) that the damages claimed were treble damages under the Act of May 8, 1876, P. L. 142, and (2) that the plaintiffs were further damaged in an amount stated by the negligence of the defendants in mining the coal so as to injure and render less valuable the vein or veins of coal from which he mined.</p> <p>It seems that treble damages for wrongfully mining coal and single damages for an injury to the mine caused by negligence in mining the coal illegally removed and converted may be joined in one action.</p> <p>Deeds — Evidence—Recitals of pedigree.</p> <p>As a general rule a deed is not admissible in evidence unless some title or spark of title is shown in the grantor, and a recital of fact in a deed is not evidence against a stranger ; but these general rules are not always strictly adhered to where recitals of pedigree in ancient deeds are concerned.</p> <p>In an action of trespass it appeared that the patentee of the land had executed a declaration of trust to the effect that he held the title for three persons named. There was offered in evidence a deed which recited that the grantor therein was the oldes