37 Pa. Super. 204 | Pa. Super. Ct. | 1908
Opinion by
The first assignment of error relates to the competency of the witness, Hethrington, to testify in regard to the amount of the plaintiff’s damage. The action is trespass- and the complaints were (a) that the defendant had entered without right on the plaintiff’s land and constructed a pipe line; (b) that, conceding the defendant’s right to lay the line under the grants set up by the latter, the work was not done wholly within the limits of. the grants and the plaintiff was also injured by the negligent manner in which it was done. The action was brought- August 1, 1906, at which time the trench had not been filled up. The damage to crops and to the fence had occurred earlier in the season. The witness referred to
The second assignment is not in accordance with rule 16 of this court, which requires that when the error assigned is to the admission or rejection of evidence, the specification must quote not only the questions or offers and the ruling of the court thereon, but also the testimony admitted, together with a reference to the page of the paper-book where the matter may be found. An assignment of error to a ruling admitting evidence is defective which fails to set forth the evidence admitted, and will not be considered: Swope v. Donnelly, 190 Pa. 417; Coverdill v. Heath, 12 Pa. Superior Ct. 15. This subject has been so frequently referred to in decisions of the Supreme Court and this court that we do not deem it necessary to make further comment thereon.
We do not find any error in the answer of the court to the defendant’s second point. The defense set up was that the plaintiff had granted to the defendant the right to lay the pipe
The remaining exceptions relate to the charge of the court. The case as presented by the plaintiff contained three alternative propositions: (1) that the defendant had no right to enter on the land to lay the pipe and was, therefore, liable for everything done thereon; (2) if the defendant had a right under its grants to lay the pipe it was liable for any injury done to the land, crops, fences, etc., not reasonably necessary in the performance of the work; and (3) if any part of the line was laid outside of the limits of the strip granted, the defendant was liable for that as a continuing trespass to the same extent
The next objection presented, is that under the Rainey and Floyd grant of May 26, 1890, the right of the defendant was exhausted when one line of pipe was laid and that the subsequent laying of the twenty-four inch line was a trespass. This construction of the instrument is not consistent with the object and terms of the grant. It is recited therein, that the
The assignments are overruled and the judgment affirmed.