Ramsey v. Martin
Superior Court of Pennsylvania
Appeals, Nos. 187 and 188, Oct. Term, 1910, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1909, No. 38, on verdict for plaintiffs in case of David Ramsey and Elizabeth Ramsey, his wife, v. Alexander Martin, Sr. Trespass to recover damages for personal injuries. Before Swartz, P. J. The facts are stated in the opinio'n of the Superior Court. Verdict for David Ramsey for $800 and for Elizabeth Ramsey for $800. Defendant appealed.
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Appeals, Nos. 187 and 188, Oct. Term, 1910, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1909, No. 38, on verdict for plaintiffs in case of David Ramsey and Elizabeth Ramsey, his wife, v. Alexander Martin, Sr. Trespass to recover damages for personal injuries. Before Swartz, P. J. The facts are stated in the opinio'n of the Superior Court. Verdict for David Ramsey for $800 and for Elizabeth Ramsey for $800. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The defendant frequently turned his horse at large to graze along the streets of a populous town, with knowledge that the animal repeatedly trespassed on private property by entering on lawns and lots to get at the herbage and pasture.
On July 3, 1908, the horse was turned loose without halter or attendant, and while so at large forced his way through a wire fence into an outlot of the plaintiff, in which the plaintiff’s horse was then grazing. Mrs. Ramsey called a friend to remove the animal, but his efforts were ineffectual, owing to the friskiness of the horse. A half…
2Cases cited13 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Dolph v. FerrisSupreme Court of Pennsylvania · 1844
- Goodman v. GaySupreme Court of Pennsylvania · 1850
- Barber v. MenschSupreme Court of Pennsylvania · 1893
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- Lins v. Boeckeler Lumber Co.Missouri Court of Appeals · 1927
- Bosley v. AndrewsSuperior Court of Pennsylvania · 1957
- Hilton v. OverlySuperior Court of Pennsylvania · 1918
- Weaver v. Chunk, Pennsylvania Court of Common Pleas, Mercer County1938