Fitzwater v. Fassett
Supreme Court of Pennsylvania
Appeal, No. 68, Jan. T., 1901, by plaintiff, from order of C. P. Bradford County, Dec. T., 1899, No. 254, refusing to take off nonsuit, in case of Matt Fitzwater v. T. M. Fassett. Trespass to recover damages for loss of cattle. Before Dun-ham, P. J., specially presiding.
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Appeal, No. 68, Jan. T., 1901, by plaintiff, from order of C. P. Bradford County, Dec. T., 1899, No. 254, refusing to take off nonsuit, in case of Matt Fitzwater v. T. M. Fassett. Trespass to recover damages for loss of cattle. Before Dun-ham, P. J., specially presiding. At the trial it appeared that plaintiff claimed to recover damages for the loss of four cows which had become infected with disease from a dead horse which the plaintiff’s landlord permitted a stranger to bury in the leased premises. The court entered a compulsory nonsuit which it subsequently refused to take off. Error…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The appellee in this case was the owner of certain lands in Canton township, Bradford County, Pa.
These lands were leased to the appellant, Fitzwater, and in June, 1899, were used as pasturage for cattle.
At the request of a wandering stranger, on or about June 15, 1899, the appellee, Fassett, granted permission to bury in the pasture, a dead horse, which had died on an adjoining school house lot. The appellee had no part in the burial, and gave no directions concerning it, nor had he any knowledge, that the horse had any infectious disease. The horse was taken into…
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- Wood v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Heitzman v. DivilSupreme Court of Pennsylvania · 1849
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