Cessna v. Clouse
Superior Court of Pennsylvania
Appeal, No. 229, Oct. T., 1912, by defendant, from judgment of C. P. Bedford Co., Jan. T., 1912, No. 122, on verdict for plaintiff in case of John Cessna v. Elias Clouse. Trespass for impounding a cow. Before Johnson, P. J., specially presiding, The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $30.00. Defendant appealed. Error assigned was in refusing to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff sued the defendant in trespass for impounding and selling his cow. The defendant, who was high constable of the borough of Rainsburg, defended under an ordinance of the borough regulating the running at large of cattle, horses, sheep and swine, and the taking up and disposing of the same. If this was a valid ordinance the defendant was not a trespasser, but was warranted in what he did. It is not claimed that the ordinance was invalid by reason of the subject-matter to which it relates, or of its provisions, and it is undisputed that it was duly adopted by…
2Cases cited8 opinions
- Billings v. RussellSupreme Court of Pennsylvania · 1854
- Barr & Daugherty v. BoylesSupreme Court of Pennsylvania · 1880
- Cunningham v. MitchellSupreme Court of Pennsylvania · 1871
- Breckwoldt v. MorrisSupreme Court of Pennsylvania · 1892
- Fall Creek Coal & Iron Company v. SmithSupreme Court of Pennsylvania · 1872
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