McKinney v. Allen
Supreme Court of Pennsylvania
Error to District Court of Allegheny County, No. 153 October and November Term, 1873. This was an action upon the case to recover damages arising from killing a cow. Allen in pursuance of an agreement with McKinney put his cow to pasture in a field. The cow escaped through the fence and was killed.
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Error to District Court of Allegheny County, No. 153 October and November Term, 1873. This was an action upon the case to recover damages arising from killing a cow. Allen in pursuance of an agreement with McKinney put his cow to pasture in a field. The cow escaped through the fence and was killed. Allen brought suit for $200 damages, but on the trial swore the cow was worth $75. McKinney claimed the Court had no jurisdiction, the proviso in Section 1st of Act of April 8, 1833, P. Laws 305, being as follows: “ Provided that the said Court shall have no jurisdiction, either originally or on…
1Opinion of the Court
The Supreme Court affirmed the decision of the Court below on October 19, 1874, in the following opinion :
2Per curiam
This was an action ex delicto founded upon negligence, and the plaintiff’s claim sounded in damages. In such case the sum laid in the declaration is the criterion of jurisdiction; Burr vs. Bayne, 10 Watts 299.
It is not denied that there are cases to be found where the action for negligence is founded in contract which will confer jurisdiction upon justices of the peace. Such were, McCahan vs. *290Hirst, 7 Watts 175; Todd vs. Figley, 7 Watts 542; where the cause of action was founded upon a…
3Cases cited3 opinions
- M'Cahan v. HirstSupreme Court of Pennsylvania · 1838
- Todd v. FigleySupreme Court of Pennsylvania · 1838
- Burr v. BayneSupreme Court of Pennsylvania · 1840