Goodman v. Gay
Supreme Court of Pennsylvania
From tbe Nisi Prius, Philadelphia. This was an action on the Case, by John Goodman against James Gay, for an injury done to plaintiff’s son, by being kicked by the horse of defendant, when at large within the limits of the Incorporated District of Kensington, in the county of Philadelphia.
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From tbe Nisi Prius, Philadelphia. This was an action on the Case, by John Goodman against James Gay, for an injury done to plaintiff’s son, by being kicked by the horse of defendant, when at large within the limits of the Incorporated District of Kensington, in the county of Philadelphia. It was averred in the first natr. that the defendant wrongfully and injuriously did keep a certain horse, which the said defendant permitted to go at large, not keeping the horse properly secured— he, the said defendant, knowing that the said horse was accustomed to hite and kick. The damages laid at $1000.…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
It is difficult to tell exactly, from the paper-book, the precise position of this cause.
It has been argued as if the verdict and judgment were upon all the counts; and yet there is an issue to the country only upon the first count; and as to the second and third, there is a special demurrer to each. The verdict, therefore, must be considered as rendered on the first count, because on that only was there an issue in fact. And to the trial, progress, and result, certain exceptions were filed and signed, as appears by the paper-book, all…
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