Staten Island Rapid Transit Railway Co. v. Hite

Citations

• 41 Pa. Super. 527
• 1910 Pa. Super. LEXIS 260

Syllabus

<p>Practice, C. P. — Case stated — Insufficiency of statement as to facts.</p> <p>1. In the consideration of a case stated it is necessary that all of the facts essential to the determination of the question be agreed upon. The court cannot go outside of the case stated for its facts, nór can it assume them by way of inference. What is not set forth as admitted must be taken not to exist.</p> <p>2. Where the parties to a cause agree that the court shall pass upon a statement of claim and the affidavits of defense, as a case stated, a judgment thereon will be reversed and the case stated quashed, if the appellate court on inspection of the documents finds that they did not exhibit a concurrence of the facts material to a determination of the case.</p>