Erdman v. Gottshall
Superior Court of Pennsylvania
Appeal, No. 110, Oct. T., 1898, by defendant, from judgment of C. P. Northumberland Co., Feb. T., 1896, No. 11, on verdict for plaintiff. Appeal from judgment of justice. Before Savidge, P. J. It appears from the record and evidence that this action arose over two acts of alleged trespass by defendant’s cows. The first occurred while the cows were being driven along the public highway by their escaping into a cornfield of the plaintiff opening upon the highway.
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Appeal, No. 110, Oct. T., 1898, by defendant, from judgment of C. P. Northumberland Co., Feb. T., 1896, No. 11, on verdict for plaintiff. Appeal from judgment of justice. Before Savidge, P. J. It appears from the record and evidence that this action arose over two acts of alleged trespass by defendant’s cows. The first occurred while the cows were being driven along the public highway by their escaping into a cornfield of the plaintiff opening upon the highway. The second occurred when the cows passed out of an inclosed pasture (by reason of two of the fence rails being removed) across…
1Opinion of the Court
Opinior by
William W. Porter,
This is a suit for damages for injury to the plaintiff’s corn, committed by two distinct acts of alleged trespass by the defendant’s cows. The first occurred while the cows were being driven upon the public highway, by their escaping into a cornfield of the plaintiff opening upon the highway. The second occurred a week later, when the cows passed out of an inclosed pasture (by reason of two of the fence rails being removed), across another field of the defendant and through a defective line fence into the plaintiff’s cornfield.
As to the first act, the court below…
2Cases cited7 opinions
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- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
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- Troth v. WillsSuperior Court of Pennsylvania · 1898
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