Robison v. Rupert
Supreme Court of Pennsylvania
Error to the Common Pleas of Columbia county. Action of trespass by George F. Rupert against William Robison for personal injuries. The defendant had fired a gun charged with shot, into a crowd of boys, and some of the shot lodged in the back of the plaintiff, and injured him severely.
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Error to the Common Pleas of Columbia county. Action of trespass by George F. Rupert against William Robison for personal injuries. The defendant had fired a gun charged with shot, into a crowd of boys, and some of the shot lodged in the back of the plaintiff, and injured him severely. The defendant gave evidence to show that the plaintiff was one of a crowd of boys who had assembled around his house at night making all sorts of offensive noises for the purpose of disturbing and annoying him and those assembled in his house, and that he had in vain endeavored, by speaking to them, to get them…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
This instruction of the Court below is apparently supported by the case of Watson v. Christie, 2 Bos. & Pul. 224, unless we read it with reference to the strict notions on pleading formerly entertained by some judges. There it appears to decide merely, that circumstances of mitigation cannot be given in evidence unless pleaded, which certainly is not law now.
The cases are very numerous in favor of the contrary doctrine, and announce the rule that all circumstances, that are sufficiently proximate to be properly regarded as matters of…
2Cases cited4 opinions
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
- Palmer v. AndrewsNew York Supreme Court · 1831
- Willard v. StoneNew York Supreme Court · 1827
- Flint v. ClarkSupreme Court of Connecticut · 1839
3Cited by7 opinions
- Moorhead v. Crozer Chester Medical CenterSupreme Court of Pennsylvania · 2001
- Gambrill v. SchooleyCourt of Appeals of Maryland · 1902
- Houston & Texas Central Railway Co. v. BatchlerCourt of Appeals of Texas · 1903
- Terry v. RichardsonSupreme Court of South Carolina · 1923
- Mawhinney v. HoltzhauerSuperior Court of Pennsylvania · 1951
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