Smith v. Lebanon

Citations

• 8 Pa. Super. 481
• 1898 Pa. Super. LEXIS 82

Syllabus

<p>Road law — ■Trespass—Res adjudícala.</p> <p>Where proceedings of road viewers have been regularly had and their report confirmed, the legality of such proceedings cannot be raised by a party litigant therein, in an action of trespass arising from the location of the same lines.</p> <p>Road law — Trespass—Damages—Charge of court.</p> <p>There being some evidence of trespass by a city in adjusting the line of a street whicli had been widened, it is proper to submit the case to the jury, but inadvertent reference by the court to the claim as if in some of its aspects it was one for damages for a taking of land for public use is error, as tending to mislead the jury as to their powers in determining the question of fact.</p>