Dietz v. Langfitt
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 133, to October and November Term 1869. This was an action on the case brought July 15th 1867, by John Langfitt against Jacob Dietz. The cause of action was malicious prosecution. The plaintiff was the driver of a street passenger car. On the 6th of April 1867, whilst driving through the streets of Lawrence-ville, his ear ran over Adam Boust, a child of George Boust, and about two years and a half old.
Read the full summary
Error to the District Court of Allegheny county: No. 133, to October and November Term 1869. This was an action on the case brought July 15th 1867, by John Langfitt against Jacob Dietz. The cause of action was malicious prosecution. The plaintiff was the driver of a street passenger car. On the 6th of April 1867, whilst driving through the streets of Lawrence-ville, his ear ran over Adam Boust, a child of George Boust, and about two years and a half old. The child was crushed and mangled, and died in about forty minutes after the accident. The defendant, Dietz, was the uncle of the child, but…
1Opinion of the Court
*238The opinion of the court was delivered, January 3d 1870, by
Thompson, C. J. —
It is somewhat difficult in view of the facts of this case, to restrain an expression of surprise, if nothing more, at the result of the trial below. The action was for malicious prosecution, the facts relating to which are few, and easily stated.
The plaintiff below was the driver and conductor of a passenger railway car, and was driving through the borough of Lawrence-ville, Allegheny county, on the 6th of April 1867, when, about noon of that day, he drove over and killed an infant aged about two and a half years,…
2Cited by17 opinions
- Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
- Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
- J. Dwight Baird v. Aluminum Seal Company, Inc., an Indiana CorporationCourt of Appeals for the Third Circuit · 1958
- Curley v. Automobile Finance Co.Supreme Court of Pennsylvania · 1941
- Sicola v. First Nat. Bk. of AltoonaSupreme Court of Pennsylvania · 1961
12 more not listed; retrieve them via the Exa API.