Spees v. Boggs
Supreme Court of Pennsylvania
Appeal, No. 113, Oct. T., 1902, by plaintiff, from judgment of C. P. No. 2, Allegheny County, July T., 1901, No. 102, sustaining demurrer to statement in case of Clara Spees v. R. 11. Boggs and Henry Buhl, trading as Boggs & Buhl. Trespass to recover damages for personal injuries. Before Shaeer, J. From the record it appeared that on June 1, 1897, plaintiff was injured in an elevator in defendant’s store.
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Appeal, No. 113, Oct. T., 1902, by plaintiff, from judgment of C. P. No. 2, Allegheny County, July T., 1901, No. 102, sustaining demurrer to statement in case of Clara Spees v. R. 11. Boggs and Henry Buhl, trading as Boggs & Buhl. Trespass to recover damages for personal injuries. Before Shaeer, J. From the record it appeared that on June 1, 1897, plaintiff was injured in an elevator in defendant’s store. She brought suit for damages against the defendants in the court of common pleas on May 28, 1898, and recovered a verdict. The defendants on April 30, 1900, appealed to the Supreme Court. On…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
At common law a judgment arrested or reversed was not such an adjudication as would bar a second action. It was so assumed by counsel and court in Sterrett v. Bull, 1 Binn. 238, which appears to be the first precedent in this court for granting a venire de novo. In Mercer v. Watson, 1 Watts, 330 (342), it was held, after a learned discussion of the subject by Kennedy, J., that a judgment reversed for an incorrect ruling on evidence by the court below could not avail for the other party as one of the two judgments in ejectment, which under the act of 1807 would…
2Cases cited6 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Rodebaugh v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1899
- Peterson ex rel. Peterson v. Delaware River Ferry Co.Supreme Court of Pennsylvania · 1899
- Fries v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1881
- Sterrett v. BullSupreme Court of Pennsylvania · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ammlung v. City of ChesterCourt of Appeals for the Third Circuit · 1974
- York Water Co. v. YorkSupreme Court of Pennsylvania · 1915
- Lewis v. Pawnee Bill's Wild West Co.Supreme Court of Delaware · 1907
- Di Sabatino v. MertzDistrict Court, M.D. Pennsylvania · 1949
- Falsetti v. Local Union No. 2026, United Mine WorkersDistrict Court, W.D. Pennsylvania · 1965
9 more not listed; retrieve them via the Exa API.