Elliott v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of jPhiladelphia: No. 71, to January Term 1870. This was an action on the case brought February 17th 1869, by William B. Elliott against the city of Philadelphia, for the arrest by her police officers of the plaintiff’s servant for fast driving, taking his horse into custody, and permitting it to run away and be killed.
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Error to the District Court of jPhiladelphia: No. 71, to January Term 1870. This was an action on the case brought February 17th 1869, by William B. Elliott against the city of Philadelphia, for the arrest by her police officers of the plaintiff’s servant for fast driving, taking his horse into custody, and permitting it to run away and be killed. The declaration contained four counts, averring the facts in different forms; they are sufficiently stated, in the opinion of Judge Thayer. The defendants demurred to the declaration. The following opinion was delivered July 3d 1869, by Judge Thayer…
1Opinion of the Court
The opinion of the court was delivered, March 9th 1874, by
Agnew, C. J.
The opinion by Judge Thayer is such an ample discussion of the question in this ease that it is unnecessary to do *354more than affirm the judgment upon it. The case is distinguishable entirely from that of The City v. Gilmartin, 21 P. F. Smith 140. It was decided upon the ground of ageney, and it was therein expressly said : “ Thus a mere statement of the facts discloses the relation of principal and agent in reference to the city waterworks, and not that of ordinary corporation officers performing merely municipal functions.”…
2Cited by33 opinions
- Mayle v. Pennsylvania Department of HighwaysSupreme Court of Pennsylvania · 1978
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
- Ford v. Kendall Bor. Sch. DistrictSupreme Court of Pennsylvania · 1888
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Hartness v. Allegheny CountySupreme Court of Pennsylvania · 1944
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