Sprout v. Kirk
Superior Court of Pennsylvania
Appeal, No. 207, Oct. T., 1922, by plaintiff, from judgment of C. P. Lancaster Co., Jan. T., 1919, No. 78, on verdict for defendant in the case of Jobn E. Sprout v. Howard Kirk. Trespass to recover damages for injuries to an automobile. Before Hassler, J. The facts are stated in the opinion af the Superior Court. The court directed a verdict in favor of the defendant and judgment was entered thereon. Plaintiff appealed.
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Appeal, No. 207, Oct. T., 1922, by plaintiff, from judgment of C. P. Lancaster Co., Jan. T., 1919, No. 78, on verdict for defendant in the case of Jobn E. Sprout v. Howard Kirk. Trespass to recover damages for injuries to an automobile. Before Hassler, J. The facts are stated in the opinion af the Superior Court. The court directed a verdict in favor of the defendant and judgment was entered thereon. Plaintiff appealed. Errors assigned were the charge of the court and in directing a verdict for defendant.
1Opinion of the Court
Opinion by
Gawthrop, J.,
This is an action of trespass brought before a justice of the peace and removed to the common pleas by appeal. In the latter court the trial judge affirmed defendant’s point for binding instructions. This is the error assigned. Two questions arise: first, whether the justice of the: peace had jurisdiction of the case; second, whether, on the evidence presented, the case was for the jury.
1. The statement of claim in the common pleas alleges that on or about October 31, 1918, plaintiff’s automobile was being driven by his son on a public road in the County of Lancaster in…
2Cases cited6 opinions
- Foote v. American Product Co.Supreme Court of Pennsylvania · 1900
- Stroll v. LevanSupreme Court of Pennsylvania · 1861
- Birkhead v. WardSuperior Court of Pennsylvania · 1908
- Gingrich v. SheafferSuperior Court of Pennsylvania · 1901
- Philadelphia, Germantown & Norristown Rail Road v. WiltSupreme Court of Pennsylvania · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Paulson v. EisenbergSuperior Court of Pennsylvania · 1938
- Battles v. NesbitSuperior Court of Pennsylvania · 1942
- Knautt v. MassingerSuperior Court of Pennsylvania · 1934
- Campbell v. KrautheimPennylvania Municipal Court, Philadelphia County · 1924
- Cochran v. Gall, Pennsylvania Court of Common Pleas, Lancaster County1932
16 more not listed; retrieve them via the Exa API.