Lewis v. Fleer
Superior Court of Pennsylvania
Appeal, No. 90, Oct. T., 1905, by defendant, from judgment of G. P. Delaware Co., March T., 1904, No. 206, on verdict for plaintiff in case of Ernest Lewis, by his next friend, Oliver Lewis, and Oliver Lewis v. Frank H. Fleer. Trespass to recover damages for personal injuries.
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Appeal, No. 90, Oct. T., 1905, by defendant, from judgment of G. P. Delaware Co., March T., 1904, No. 206, on verdict for plaintiff in case of Ernest Lewis, by his next friend, Oliver Lewis, and Oliver Lewis v. Frank H. Fleer. Trespass to recover damages for personal injuries. Before Johnson, P. J. The court charged as follows : This is a suit by Ernest Lewis and his father, Oliver Lewis, against Frank H. Fleer to recover damages for injuries which he says he received by reason of a shot, rifle shot or gun shot, in which the bullet struck him in the thigh. [One of the great questions in the…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff was shot in the hip while he was trespassing on *242the property of the defendant, whose denial of causing the injury was as positive as it could be made, not only "that he did not shoot at the plaintiff, but that he was not at his home when the shooting occurred. On the other hand, the plaintiff, and a friend who was with him at the time, testified just as directly and positively that the defendant shot at them twice while they were going away from him, and was but forty rods distant from them at that time. The occurrence happened in clear daylight, and the…
2Cases cited2 opinions
- Hawes v. O'ReillySupreme Court of Pennsylvania · 1889
- Greeney v. Pennsylvania Water Co.Superior Court of Pennsylvania · 1905
3Cited by1 opinion
- Dommes v. ZuroskiSupreme Court of Pennsylvania · 1944