Lentz v. Raum
Superior Court of Pennsylvania
Appeal, No. 124, Oct. T. 1914, by defendant, from judgment of G. P. Lancaster Co., Sept. T., 1911, No. 24,' on verdict for plaintiff in case of Charles C. Lentz v. Samuel Raum. Trespass for false arrest. Before Hassler, J. At the trial it appeared that the defendant, a policeman, arrested the plaintiff, a huckster, on the night of August 19, 1911, for blowing a horn after ten o’clock at night.
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Appeal, No. 124, Oct. T. 1914, by defendant, from judgment of G. P. Lancaster Co., Sept. T., 1911, No. 24,' on verdict for plaintiff in case of Charles C. Lentz v. Samuel Raum. Trespass for false arrest. Before Hassler, J. At the trial it appeared that the defendant, a policeman, arrested the plaintiff, a huckster, on the night of August 19, 1911, for blowing a horn after ten o’clock at night. The evidence as to whether the plaintiff blew the horn after he had been warned not to do so, was conflicting. The jury returned a verdict for plaintiff for $300. The court discharged a rule for…
1Opinion of the Court
Opinion by
Rice, P. J.,
The second, third and fourth assignments of error are criticised by appellee’s counsel as relating to the reasons given by the court for its action and therefore to matters not assignable for error. The fifth is also criticised as not being self-sustaining. These criticisms are well-founded. But the first and sixth assignments, while not in strict form, indicate the substantial question sought to be raised by the appeal, namely, whether the defendant was entitled to binding direction in his favor. That question will be considered.
1. The fundamental distinction between…
2Cases cited5 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- McAleer v. GoodSupreme Court of Pennsylvania · 1907
- McCoy v. KalbachSupreme Court of Pennsylvania · 1913
- Schofield v. FerrersSupreme Court of Pennsylvania · 1864
- Delany v. LindsaySuperior Court of Pennsylvania · 1911
3Cited by5 opinions
- Cohen v. Lit BrothersSuperior Court of Pennsylvania · 1949
- COHEN v. Lit BrothersSuperior Court of Pennsylvania · 1950
- Harvey v. PincusDistrict Court, E.D. Pennsylvania · 1982
- Patton v. VucinicSuperior Court of Pennsylvania · 1933
- Commonwealth v. BrewerSuperior Court of Pennsylvania · 1933