Ritter v. Ewing
Supreme Court of Pennsylvania
Appeal, No. 479, Jan. T., 1895, by plaintiff, from judgment of C. P. No. 4, Philadelphia County, Dee. T., 1893, No. 4, on verdict for defendant. Trespass for malicious prosecution. Before Arnold, J. At the trial it appeared that in September, 1893, the children of the defendant were playing with the children of the plaintiff in the yard back of the plaintiff’s house. The entrance to the yard was through the house of the plaintiff and by a descent of five or six steps.
Read the full summary
Appeal, No. 479, Jan. T., 1895, by plaintiff, from judgment of C. P. No. 4, Philadelphia County, Dee. T., 1893, No. 4, on verdict for defendant. Trespass for malicious prosecution. Before Arnold, J. At the trial it appeared that in September, 1893, the children of the defendant were playing with the children of the plaintiff in the yard back of the plaintiff’s house. The entrance to the yard was through the house of the plaintiff and by a descent of five or six steps. The plaintiff owned a bitch, which had a litter of pups in a box under these steps. The bitch was snappish and on the day…
1Opinion of the Court
Opinion by
Me. Chiep Justice Steeeett,
This action of trespass, to recover damages for an alleged malicious prosecution, was brought under the following circumstances. Defendant’s three year old child, while playing in plaintiff’s back yard, was bitten or scratched by a small dog belonging to the latter. Upon plaintiff’s refusal to comply with defendant’s request to kill the dog, the defendant instituted a prosecution against him for keeping a ferocious dog. On final hearing before the magistrate, plaintiff was discharged, and thereupon he brought this civil action for damages.
On the trial, the…
2Cases cited1 opinion
- Bernar v. DunlapSupreme Court of Pennsylvania · 1880
3Cited by9 opinions
- Bruff v. KendrickSuperior Court of Pennsylvania · 1902
- Stratton v. JordanSuperior Court of Pennsylvania · 1921
- Fry v. WolfSuperior Court of Pennsylvania · 1898
- Wolf v. SternSuperior Court of Pennsylvania · 1919
- Delany v. LindsaySuperior Court of Pennsylvania · 1911
4 more not listed; retrieve them via the Exa API.