Huntington & Broad Top Mountain Railroad v. Fluke
Superior Court of Pennsylvania
Appeal, No. 63, Oct. T., 1906, by plaintiff, from judgment of O. P. Bedford Co., April T., 1905, No. 6, affirming judgment of a justice of tbe peace in casé óf Huntingdon and Broad Top Mountain Railroad Company v. David Fluke. Certiorari to the judgment of a justice of the peace. Before Woods, P. J. The opinion of the Superior Court states the case. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from a judgment of the common pleas affirming upon certiorari the judgment of a justice of the peace, in an action of trespass. It is not disputed that the cause of action was within the jurisdiction of the justice, nor that the judgment of a justice of the peace in an action of trespass is within that provision of the 22d section of the act of 1810, 5 Sm¡ 'L. 161, which reads, “ And the judgment of the common pleas shall be final on all proceedings removed as aforesaid (by certiorari) by the said court, and no writ of error shall issue théreon.” It is…
2Cases cited11 opinions
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3Cited by9 opinions
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