Vulcanite Paving Co. v. Ruch

Citations

• 147 Pa. 251
• 23 A. 555
• 1892 Pa. LEXIS 824

Syllabus

<p>Contract — Paving—-Question for jury.</p> <p>In an action on a contract to recover the price of paving a street, it appeared that it was the duty of the defendants under a city contract to repair a portion of a street after laying a water main. The defendants employed the plaintiffs to do the work. All that the plaintiff's had to guide them as to the extent of the paving required was the following sentence in a letter addressed to them by defendants: “We laid a forty-inch water pipe at that point. I suppose the ditch is six feet wide, the full width of Broad street.” There was evidence that the bank on each side of the ditch had caved in. Held the amount of the paving done was properly left to the jury.</p> <p>Evidence — Memorandum booh — Reversal.,</p> <p>The admission in evidence of a memorandum book used by witness to refresh his memory, is not sufficient ground for reversal, even if such admission was erroneous, where under the circumstances it could have done the defendant no harm.</p>