Philadelphia, Germantown & Norristown Rail Road v. Wilt
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the Court of Common Pleas of Delaware County, it appeared, that Michael Wilt brought an action of trespass vi et armis, in the Court of Common Pleas of Montgomery County, against The Philadelphia, Germantown and Norristown Rail Road Company, in which the plaintiff declared that the defendants, “ on the first day of February, a. d. 1836, at the county aforesaid, with force and arms, &c., with their locomotive steam-engine, in and upon the wagon…
Read the full summary
IN ERROR. On a writ of error to the Court of Common Pleas of Delaware County, it appeared, that Michael Wilt brought an action of trespass vi et armis, in the Court of Common Pleas of Montgomery County, against The Philadelphia, Germantown and Norristown Rail Road Company, in which the plaintiff declared that the defendants, “ on the first day of February, a. d. 1836, at the county aforesaid, with force and arms, &c., with their locomotive steam-engine, in and upon the wagon and horses of the said Michael did run, and the wagon and horses and the marketing and merchandize in the said wagon…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— If an injury be done by the act of the party at the time, or he be the immediate cause of the injury, though it happen accidentally, or by misfortune, he is answerable in trespass. . The distinction in this form of suit, has not turned either on the lawfulness of the act, from whence the injury happened, or on the design of the party doing it, to commit the injury; but on the difference between injuries direct and immediate, or mediate and consequential: in the one instance the remedy is by case; in the other, by trespass. Scott v.…
2Cited by14 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Sprout v. KirkSuperior Court of Pennsylvania · 1923
- Knautt v. MassingerSuperior Court of Pennsylvania · 1934
- Stroll v. LevanSupreme Court of Pennsylvania · 1861
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
9 more not listed; retrieve them via the Exa API.