Stuart v. Line

Citations

• 11 Pa. Super. 345
• 1899 Pa. Super. LEXIS 143

Syllabus

<p>Pleading — Immaterial defect — Presumption of amendment.</p> <p>After a trial on the merits a defect in the pleadings will not be considered as fatal, unless it is shown injuriously to have affected the trial and a proper amendment will be considered to have been made.</p> <p>In the ease at bar a road in question was described in the statement as a public road while in the bill of particulars it was mentioned as a road through the land of plaintiff. The case having been tried on the issue as defined in the bill of particulars the statement will, on appeal, be treated as amended.</p> <p>Easement — Evidence—Admission of a prior owner.</p> <p>Whether the use of a way has been open and adverse for twenty-one years is a question for the jury, although concurrently used by the owner of the survient tenant, and an admission of a predecessor in title during his ownership that he had no right to close a way is competent evidence against a subsequent owner of the servient tenant.</p> <p>Charge of court — Inadequate and misleading.</p> <p>Where the charge contains no clear statement of the questions involved and no adequate presentation of any of them and the inadequacy of the charge is such as to be, in its effect on the jury, misleading and unfair, the judgment will be reversed. The jury should be given the leading rule containing the questions suggested by the point.</p>