Blake v. Hunsberger
Superior Court of Pennsylvania
Appeal, No. 149, Oct. T., 1910, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1909, No. 117, on verdict for plaintiff in case of John Blake v. J. Newton Hunsberger. Assumpsit to recover back purchase money of a horse sold under a warranty of soundness. Before Swartz, P. J. At the trial the defendant made the following offer: Mr. Bean: Before going into this examination we offer to show the animal in question to the jury and in the presence of the court.
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Appeal, No. 149, Oct. T., 1910, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1909, No. 117, on verdict for plaintiff in case of John Blake v. J. Newton Hunsberger. Assumpsit to recover back purchase money of a horse sold under a warranty of soundness. Before Swartz, P. J. At the trial the defendant made the following offer: Mr. Bean: Before going into this examination we offer to show the animal in question to the jury and in the presence of the court. The horse is here in town with its present owner, and we would like to show the horse at speed with and without harness, for…
1Opinion of the Court
Opinion by
Beaveb, J.,
The assignments of error in this case raise but two questions, which appealed to the discretion of the court.
The first is as to the refusal of the court to allow an exhibition of the horse, whose soundness was the issue involved in the case, to the jury on the streets immediately in front of the courthouse, so as to have him trotted for the purpose of demonstrating whether or not he was what is known in horse parlance as a “roarer.” The court was entirely willing to have this exhibition made, if the plaintiff’s counsel assented to it. The proposition was made in open…
2Cases cited3 opinions
- Kramer v. KisterSupreme Court of Pennsylvania · 1898
- Smith v. MeldrenSupreme Court of Pennsylvania · 1884
- Neale v. EngleSupreme Court of Pennsylvania · 1886
3Cited by2 opinions
- Heller v. Equitable Gas Co.Supreme Court of Pennsylvania · 1938
- Snaman v. Donahoe's IncorporatedSupreme Court of Pennsylvania · 1932