Drew v. Peer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1879, No. 88. Case by Pusey Anthony Peer against Louisa Drew.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1879, No. 88. Case by Pusey Anthony Peer against Louisa Drew. The summons issued December 2d 1876. The narr. averred that on April 16th 1874, the plaintiff purchased two reserved seats and tickets of admission to the Arch Street Theatre, of which defendant was the lessee and proprietress; that as the holders of said tickets, plaintiff and his wife were entitled to enter and occupy said seats; that in pursuance of such right plaintiff and his wife had presented said tickets at the door of said theatre on the…
1Opinion of the CourtJustice Sterrett
The main contention of the plaintiff in error, to which several of the assignments relate, is that the action should have been trespass vi et armis and not case. A brief consideration of the facts upon which the action was grounded, and the nature of the damages for which compensation was claimed, will enable us to determine this question. The declaration, after setting out, by way of inducement, the purchase by the plaintiff of two tickets of admission to defendant’s theatre, entitling the holders thereof to occupy two designated seats therein, and witness the performances and exhibitions…
2Cases cited2 opinions
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
- Wilt v. VickersSupreme Court of Pennsylvania · 1839
3Cited by12 opinions
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- Rockwell v. Pennsylvania State Horse Racing CommissionCommonwealth Court of Pennsylvania · 1974
- Taylor v. CohnOregon Supreme Court · 1906
- Buenzle v. Newport Amusement AssociationSupreme Court of Rhode Island · 1908
- Maher v. HarrimanCourt of Appeals for the D.C. Circuit · 1935
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