Gingrich v. Sheaffer
Superior Court of Pennsylvania
Appeal, No. 59, Oct. T., 1900, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1894, No. 81, on verdict for plaintiff in case of Amos G. Gingrich v. Amos A. Sheaffer. Appeal from judgment of justice of the peace. Before Landis, P. J. The material portion of the record of the justice of the peace was as follows: September, 4, 1894, 10 A. m. Parties appear.
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Appeal, No. 59, Oct. T., 1900, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1894, No. 81, on verdict for plaintiff in case of Amos G. Gingrich v. Amos A. Sheaffer. Appeal from judgment of justice of the peace. Before Landis, P. J. The material portion of the record of the justice of the peace was as follows: September, 4, 1894, 10 A. m. Parties appear. Plaintiff is sworn and claims $60.00, being the amount due plaintiff for repairs and loss of time for a buggy which defendant borrowed from plaintiff, the said buggy being broken while being used by an employee of defendant.…
1Opinion of the Court
Opinion by
Rice, P. J.,
A justice of the peace has jurisdiction of actions of trespass for the recovery of damages for injury done or committed on real and personal estate. The damages for which a plaintiff may sue before a justice in this form of action are such as arise where the injury is immediate, and would be recoverable in the common-law action of trespass vi et armis, and not such as are consequential, and would be recoverable, if at all, only in an action of trespass on the case. It is the nature of the demand, not merely the form of action in which the summons issues, that determines…
2Cited by15 opinions
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- American Gasoline & Oil Co. v. Hoehn, Pennsylvania Court of Common Pleas, Lancaster County1925
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