Legal Opinion

Wirsing v. Smith

Supreme Court of Pennsylvania

Decided June 2, 1908No. Appeal, No. 43PublishedCited by 10 opinions

Appeal, No. 43, Jan. T., 1908, by defendant, from judgment of O. P. Fayette Co., Dec. T., 1906, No. 34, on verdict for plaintiff in case of William S. Wirsing v. James R. Smith. Trespass to recover damages for personal injuries caused by aggravated assault and battery. Before Reppert, P. J. At the trial it appeared that plaintiff, while under age, ran away with defendant’s daughter, about eighteen years old, and married her.

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Appeal, No. 43, Jan. T., 1908, by defendant, from judgment of O. P. Fayette Co., Dec. T., 1906, No. 34, on verdict for plaintiff in case of William S. Wirsing v. James R. Smith. Trespass to recover damages for personal injuries caused by aggravated assault and battery. Before Reppert, P. J. At the trial it appeared that plaintiff, while under age, ran away with defendant’s daughter, about eighteen years old, and married her. The couple returned to the house of the plaintiff’s father. While there they received a letter from defendant expressing his forgiveness, and inviting them to dine on a…

1Opinion of the Court

Opinion by

Mk. Justice Elkin,

The first and second assignments of error, as we view the case, are without merit. The first is based upon the refusal of the court to admit the introduction of testimony relating to collateral matters, not connected with the parties to the action, nor had it any relevancy to the issue, and it was properly excluded. As to the second, it may be observed, that the defendant had offered in evidence the record of his conviction *16for a criminal offense growing out of the shooting, and followed this up by going on the stand for the purpose of ’showing that at the time of…

2Cases cited6 opinions

  1. Cornelius v. HambaySupreme Court of Pennsylvania · 1892
  2. Matheis v. MazetSupreme Court of Pennsylvania · 1894
  3. Porter v. SeilerSupreme Court of Pennsylvania · 1854
  4. Fleming v. DixonSupreme Court of Pennsylvania · 1899
  5. Stauffer v. ReadingSupreme Court of Pennsylvania · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
  2. Shelley v. ClarkSupreme Court of Alabama · 1958
  3. Warne v. JohnstonSuperior Court of Pennsylvania · 1911
  4. Joseph v. NaylorSupreme Court of Pennsylvania · 1917
  5. Matovich v. Mut. B.H. A. Assn.Superior Court of Pennsylvania · 1945

5 more not listed; retrieve them via the Exa API.

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