Knights of Pythias Benevolent Ass'n of Coal Centre v. Leadbeter

Citations

• 2 Pa. Super. 461
• 1896 Pa. Super. LEXIS 73

Syllabus

<p>Easements — Adverse tiser of spring water — Question for jury.</p> <p>The right of plaintiff to an easement in the water of a certain spring, the use of which had been purchased by defendant from the owner, being in issue it was held necessary for the plaintiff, in order to establish his claim as against the purchaser, to show that either he or his predecessors in the title had acquired such right of easement against the owner of the spring or his predecessors in title.</p> <p>The evidence disclosing that the plaintiffs’ right, if it existed at all, was by way of adverse user, such question involved matters of fact necessarily to be submitted to the jury; and adequate instructions being given as to what constituted adverse user the question was properly left to the jury.</p> <p>Practice, G. P. — Evidence—Reading notes of testimony of absent witness.</p> <p>Proof having been made of service of a subpoena on a witness and of his inability to be present at court by reason of illness, it was not error to permit his testimony taken on a former trial of the case to be read.</p> <p>Practice, G. P. — Evidence—Proper rebuttal.</p> <p>A witness cannot be called in rebuttal to give what was in effect but a repetition of what she had testified to in chief.</p> <p>Municipal law — Evidence—Acts and declarations of municipal officer— Loose declarations.</p> <p>The acts of officers of a municipal corporation in the line of their official duty, and within the scope of their authority, are binding upon the body they represent; and declarations and admissions accompanying such acts as parts of the res gestas calculated to explain and unfold their character, and not narrative of past transactions, are competent evidence against the corporation, but to render such declarations and admissions evidence they must accompany acts, which acts must be of a nature to bind the corporation.</p> <p>A burgess has no authority to prejudice the borough’s rights by loose declarations not made in co