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184. The "change" called for is expressive of tomobile.—Wilson v. Philadelphia Rapid Transit
192. At the trial the motorman's and conductor's
statements which were made at the time of the acci-
ments are the only grounds upon which judgment for
185. Defendant offered the report of the bor-erly admissible, and therefore, the defendant's mo-
193. A plaintiff whose suit is grounded on al-
194. A plaintiff can not recover damages for an
195. There is no special duty on the part of a
traction company to maintain a lookout for intoxicat-
ea persons, and it discharges its duty when its em-
ployees, after discovering them on or near the track
196. A preponderance of evidence does not mean
number of witnesses but the greater
crdibility of the evidence on the one side, and
although the jury may believe the story of one
witness, against several, the testimony of one wit.
ness uncorroborated, particularly if interested, should
be considered with great care, and ordinarily, where
contradicted by a number of witnesses, some of
whom appear to be disinterested, and no good rea-
not arbitrarily disregard that preponderance.--Ib.
197. Where a boy twelve years
struck and injured by a street car while trying to
a verdict should be directed for defendant-Bradi-
191. Plaintiff backed his automobile out of the 199. To the rule that a party is bound by his
200. Plaintiff brought suit to recover damages judgment, the plaintiff having no knowledge of the
TO CURB AND PAVE, 35.
NON RESIDENT DEBTOR, 103.
NON RESIDENT CORPORATION, 105-112.
NOTES, PROMISSORY, 208.
OF SPECIFIC PERFORMANCE, 69a.
TO CURB AND PAVEF 35.
OF GRANT OF LETTERS, 210.
OF PETITION FOR ROAD VIEWERS, 274,
OF ASSSOCIATION, OUSTER, 37.
NEGLIGENCE OF MUNICIPAL, 180.
ORPHANAGE, SCHOOLING OF INMATES,
DISCRETION IN; 173.
MINORS' ESTATE, 173.
209. There is no Act of Assembly which au-
thorizes the Orphans' Court to make an order in the
estate of a minor to pay out of such estate the ex-
penses of interment of the minor's mother.-Carroll's
210. Notice by publication of the grant of letters
as required by law, the court ordered that distribu-
tion be suspended, notice of the letters be immedi-
ately published and the account be republished at the
expiration of one year from the first publication of
funding bonds.- Daerr's Estate, 131.
QUSTER OF OFFICER, 29, 37.
PARENT AND CHILD.
aker thereof, evidence of an agree-
CUSTODY OF CHILD.
MAINTENANCE OF CHILD.
in 1906. In 1912 his wife oblained a divorce and But a stepfather is under no legal obligation to sup-
221. A grandparent may maintain a prosecution
Held, that the petition must be refused.- PARTITION.
WITHOUT KNOWLEDGE OF TENANT, 159,
222. Under the Act 27 April 1864, P. L. 641,
the Court of Common Pleas may, under peculiar
circumstances attending a proceeding in equity for
partition, allow plaintiff's counsel a fee of $1.000
the residue for their own
two notes in the business name; on which suit was
lered a compulsory non-suit.-Delone's Appeal, 41.
has nothing to do with the question of partnership.
PAVING, ASSESSMENT OF COST OF,
PLAINTIFF'S STATEMENT, 38-39, 54, 229,
233-238, 240-246, 251-253, 254-257, 258 -259,
260-261, 262, 262a.
PLAYGROUND, TAXATION, 302.
But it is otherwise where the wife PLOT OF STREETS, 274a.
POLICEMAN, SUSPENSION OF, 31-32.
AFFFIDAVIT OF DEFENSE.
must be clearly set up in the affidavit of defence.---
235. Allegations that the statement "presupposes
and rebuts theories of the defence," and that to an-
swer the statement would require the defendant "to
divulge its entire defence, to answer matters that
not be material to the issue and to argue matters
236. After the expiration of the term at which
judgment on demurrer was entered for defendant,
plaintiff asked for leave to amend the statement.
237. Where a demurrer to a statement of claim
has been sustained and judgment has been entered
238. An application to open or vacate a judg.
of adverse judgments has not been changed by the
Practice Act, 1915.- 1b.
240. Under the Practice Act of May 14, 1915,
a statement is not defective in that it does not set
and whether it is oral or written, where the action
241. The practice Act of May 14, 1915, P. L.
13, presupposes an action already brought in the
Court of Common Pleas. The statement is the first
step in the procedure when the action has been com-
menced.--American Lumber & Mfg. Co. v. Ens-
242. Service of the statement is recognized and
authorized by neccessary implication.--1b.
243. There is no prohibition against filing the
statement before the return day, and defendant thus
may be compelled to file an affidavit of defence be-
suant to the writ of summons.- 1b.
244. Service of statement of claim may be made
L. 483, will be stricken from the record in that
247. It would seem that under the Practice Act both parties shall thereafter be restricted thereto, and
fense, might result in a judgment for the defendant,
fendant, the essential facts of plaintiff's case with a
by the character of plaintiff's claim.-Robertson v.
International Textbook Co., 91.
259. Where the claim is for salary and commis-
sions and money expended, in accordance with a
contract between the parties, the defendant is en-
titled to a statement showing for what period a given
260. In an action against a railroad company for
menut, although his stataement fails to give the num-
Pennsylvania Railroad Co., 136.
ed in the premises sold. The statement should set
Fluck v. Heller, 24.
262a. Under the "Practice Act, 1915" an op-
PREPONDERANCE OF EVIDENCE, 196.