Wagner v. Haak

Citations

• 170 Pa. 495
• 37 W.N.C. 173
• 32 A. 1087
• 1895 Pa. LEXIS 1429

Syllabus

<p>Assault and battery — Conspiracy—Evidence.</p> <p>In an action to recover damages for assault and battery the case should not be submitted to the jury, where the evidence shows that the assault was committed by three persons who had leased a quarry from the defendant, that plaintiff had constructed a fence across a right of way leading from the quarry, and that defendant had told his lessees to take the fence down, and that he would stand by them. The words used by defendant did not warrant an implication on the part of the lessees, or on the part of the jury, of an instruction to commit assault and battery.</p> <p>Evidence — Conspiracy—Declarations.</p> <p>The declarations of a co-conspirator are evidence against the others, only so long as the conspiracy continues; if made afterwards they are not evidence.</p>