Palmer v. Cotton

Rowley, P. J.,

Plaintiff instituted this action before a justice of the peace, and obtained a judgment for damages to his automobile caused by collision of defendant’s steer and plaintiff’s automobile.

Defendant appealed the judgment to the court of common pleas, and thereafter petitioned this court to dismiss *136the proceeding for lack of jurisdiction of the justice of the peace.

Defendant’s petition to dismiss avers:

“Under the statement of claim as filed by the plaintiff, the cause of action is based upon what was formerly known as ‘Trespass on the Case’.

“Said statement of claim does not set…