Krepps v. Carlisle

Citations

• 157 Pa. 358
• 27 A. 741
• 1893 Pa. LEXIS 1425

Syllabus

<p>Charge of court — Practice, C. P.</p> <p>In charging the jury the trial judge should give correctly the substance of the testimony, and caution the jury who have heard it, as to their right to determine exactly what fell from the lips of the witnesses; but the court is not bound to repeat the testimony verbatim. If the judge makes a serious mistake in narrating the facts, counsel should call his attention to it immediately after the charge.</p> <p>Ejectment — Evidence—Deed—Description.</p> <p>In an action of ejeetmentwhere a deed sixty years old calls for a corner at the end of a bridge, and the exact position of the end of the bridge at the time of the execution of the deed is disputed, the question of the location of the bridge should be submitted to the jury.</p> <p>Evidence — Competency of witness — Party dead — Act of 1887.</p> <p>In an action of ejectment, where the location of the end of an ancient bridge is in dispute, defendant may be permitted, under the act of May 23, 1887, P. L.1168, to testify that since the death of one of the plaintiffs in the suit and after the suit was brought, an old abutment of the bridge had been uncovered by a flood, although it tended to prove a fact in the lifetime of the deceased party.</p>