Legal Opinion · Dissent

Holly v. Travis

Supreme Court of Pennsylvania

Decided April 12, 1920No. Appeal, No. 38Published

Appeal, No. 38, Jan. T., 1920, from judgment of Superior Ct., March T., 1919, No. 24, reversing judgment of C. P. Lackawanna Co., June T., 1918, No. 181, affirming judgment of alderman, in case of S. M. Holly, otherwise known as Lottie Holly v. Wallie Travis. Appeal from judgment of Superior Court. See Holly v. Travis, 71 Pa. Superior Ct. 527. The Superior Court reversed the judgment of the court of common pleas.

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Appeal, No. 38, Jan. T., 1920, from judgment of Superior Ct., March T., 1919, No. 24, reversing judgment of C. P. Lackawanna Co., June T., 1918, No. 181, affirming judgment of alderman, in case of S. M. Holly, otherwise known as Lottie Holly v. Wallie Travis. Appeal from judgment of Superior Court. See Holly v. Travis, 71 Pa. Superior Ct. 527. The Superior Court reversed the judgment of the court of common pleas. See opinion of latter court in 19 Lackawanna Jurist 169, by Newcomb, J. Plaintiff appealed. Error assigned was, inter alia, judgment of Superior court, reversing judgment of common…

1Dissent

Dissenting Opinion by

Mr. Chief Justice Brown:

In the judgment of the majority of this court the opinion of the Superior Court is “lucidly expressed.” I would add that it most clearly demonstrates the error committed by the common pleas. The judgment of the Superior Court is reversed, because the majority of this court are of opinion that it runs “counter to our decisions,” and three cases are cited and the opinions in them quoted at length as authorities calling for a reversal. Not one of them can be so regarded, and I say this with all due respect to those of my colleagues who think…

2Cases cited3 opinions

  1. Lacock v. WhiteSupreme Court of Pennsylvania · 1852
  2. Road Commissioners v. FickingerSupreme Court of Pennsylvania · 1865
  3. Wistar v. OllisSupreme Court of Pennsylvania · 1875

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