Reitze v. Meadville & L. Ry. Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY. No. 375 January Term 1889, Sup. Ct.; court below, No. 60 November Term 1886, C. P. To the number and term of the court below, the defendant appealed from the judgment of a justice of the peace for the sum of $110, in favor of Conrad Reitze against the Meadville & Linesville Railway Co. On January 27, 1887, the plaintiff filed a declaration charging trespass for the killing of a horse. Plea, not guilty.
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ERROR TO THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY. No. 375 January Term 1889, Sup. Ct.; court below, No. 60 November Term 1886, C. P. To the number and term of the court below, the defendant appealed from the judgment of a justice of the peace for the sum of $110, in favor of Conrad Reitze against the Meadville & Linesville Railway Co. On January 27, 1887, the plaintiff filed a declaration charging trespass for the killing of a horse. Plea, not guilty. The cause was called for trial on March 4, 1887, when the plaintiff had leave to file an amended declaration in the common counts,…
1Opinion of the Court
Pee Curiam:
This action was commenced before a justice of the peace. It was brought to recover damages against the defendant company for killing a horse. Upon appeal to the Common Pleas it expanded into a breach of contract for not maintaining a fence along the right of way or road of the company. While it is true that, upon an appeal from the judgment of a justice of the peace, the case is tried de novo, it is also true the cause of action must remain the same. This has been the law since Moore v. Wait, 1 Binn. 219. The judgment of nonsuit was properly entered.
Affirmed.
2Cases cited1 opinion
- Moore v. WaitSupreme Court of Pennsylvania · 1807
3Cited by3 opinions
- Commonwealth v. NugentSuperior Court of Pennsylvania · 1981
- Schneider v. BatesSuperior Court of Pennsylvania · 1912
- Grumbling v. Motter, Pennsylvania Court of Common Pleas, Cambria County1950