Dolph v. Ferris
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Luzerne county. Alexander Dolph against William Ferris. This was an action of trespass, which originated before a justice of the peace, and was brought into the Common Pleas by appeal. The proof was that the defendant’s bull jumped into the enclosure of the plaintiff and gored his horse so that he died.
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ERROR to the Common Pleas of Luzerne county. Alexander Dolph against William Ferris. This was an action of trespass, which originated before a justice of the peace, and was brought into the Common Pleas by appeal. The proof was that the defendant’s bull jumped into the enclosure of the plaintiff and gored his horse so that he died. The court below was of opinion that case, and not trespass, was the only remedy for the alleged injury, and as a justice had no jurisdiction of the former, the plaintiff must fail in this action. argued that trespass quare clausum fregit was the proper remedy, and…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
—Writ of error to the Court of Common Pleas of Luzerne county. The action was originally brought before a justice of the peace of the county, who, after hearing the parties, their proofs and allegations, rendered a judgment in favour of the plaintiff, against the defendant, for $55 damages, besides costs of suit. From this judgment the defendant appealed to the Court of Common Pleas. By the transcript of the justice’s docket, as returned by him with the appeal, it appears that the action was brought in “ trespass, for damages : plaintiff…
2Cited by21 opinions
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- Troth v. WillsSuperior Court of Pennsylvania · 1898
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