Mitchell v. Wolf
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This case came into the Common Pleas by appeal from the judgment of a justice of the peace, and was an action brought by Samuel Wolf against William Mitchell to recover damages for the injury done to his crop of corn and potatoes by the cattle and hogs of defendant which were running at large.
Read the full summary
Error to the Common Pleas of Allegheny county. This case came into the Common Pleas by appeal from the judgment of a justice of the peace, and was an action brought by Samuel Wolf against William Mitchell to recover damages for the injury done to his crop of corn and potatoes by the cattle and hogs of defendant which were running at large. The plaintiff had his corn and potatoes in a field which lay on the side of the Allegheng river, and was without fence on the river side, through which opening and also through a gate, the hogs of the defendant entered from time to time, and destroyed the…
1Opinion of the Court
The opinion of the court was delivered, November 16th 1863, by
Lowrie, C. J.
A judicial opinion that would exhibit all the phases of our laws relative to strays in general, would be quite intolerable, and we shall therefore confine ourselves, as nearly as possible, to the law of swine running at large, that is, out of enclosures, for this suit is about them.
Swine were expressly excluded from the benefit of the Stray Law of 1700, 1 Dali. L. 18, 1 Sm. L. 13; and the penalty of death or capture and application to the payment of the damages done by them, was imposed upon them by the Acts of 1705…
2Cases cited1 opinion
- Dolph v. FerrisSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Stewart v. BenningerSupreme Court of Pennsylvania · 1891