DeLong v. Lehigh Valley Transit Co.
Superior Court of Pennsylvania
Appeal, No. 95, Oct. T., 1914, by defendant, from judgment of C. P. Lehigh Co., Sept. Term, 1914, No. 9, on verdict for plaintiff in case of Herbert DeLong v. Lehigh Valley Transit Company. Trespass for an alleged wrongful ejectment of a passenger, and malicious prosecution.
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Appeal, No. 95, Oct. T., 1914, by defendant, from judgment of C. P. Lehigh Co., Sept. Term, 1914, No. 9, on verdict for plaintiff in case of Herbert DeLong v. Lehigh Valley Transit Company. Trespass for an alleged wrongful ejectment of a passenger, and malicious prosecution. Plaintiff in his statement after averring that on June 1, 1913, he was a passenger on one of defendant’s cars from Rittersville to Allentown, further averred that after the car had reached a point in Allentown and before the plaintiff had reached his destination, as aforesaid, through its motorman, conductor, dispatcher…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s statement sets out very clearly and fully his grievance against the defendant. On the trial the defendant joined issue on the facts as set out in the statement, and the case was tried to determine as questions of fact whether the plaintiff had been guilty of disorderly conduct while a passenger on one of the defendant’s cars. Whether the company’s employees exceeded the scope of their authority in forcibly ejecting him from the car and placing him in custody of police officers. A small verdict of $120 was recovered, and the legal questions raised in this…