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213 Pa. 115

Brundred v. McLaughlin

Supreme Court of Pennsylvania

Decided October 30, 1905

Supreme Court of Pennsylvania · decided 1905-10-30

<p>Appeal, No. 103, Oct T., 1905, by plaintiffs, from judgment of C. P. Venango Co., Aug. T., 1903, No. 2, oh verdict for defendants in case of Benjamin F. Brundred and Elizabeth L. Brundred v. James E. McLaughlin et al.</p> <p>Ejectment for land in Cranberry Township. Before Criswell, P. J.'</p> <p>The opinion of the Supreme Court states the case.</p> <p>Verdict and judgment for defendants. Plaintiffs appealed.</p> <p>Error assigned among others was the admission of testimony referred to in the opinion of the Supreme Court.</p>

Relies on Jackson v. Lambert

Affirmed · Decided 1905-10-30

Per Chriam,

¶1The only question involved in this case was one of fact, to wit: the location of the boundary line between the plaintiff’s land and the adjoining land of the defendant’s. All of the evidence was relevant to that issue and it was correctly submitted to the jury.

¶2The only assignment of error that we need notice specially is the second, to the admission of the question to the surveyor Reed, “ Where in your opinion is the line between No. 83 and 84 ? ” To the objection the court said that the investigation made by the witness on the ground was for the purpose of ascertaining the boundary line and having given the facts as he learned them he would be permitted to answer the question. The judge therefore admitted this, not as a mere opinion of the *117witness but as a summary of his observations on the ground, and therefore as testimony to a fact. This is in accordance with the authorities: Jackson v. Lambert, 121 Pa. 182.

¶3Judgment affirmed.

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