Borough of Pottsville v. Curry
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action on the case by Patrick Curry against The Corporation of the Borough of Pottsville, for negligently leaving a pile Of dirt in the street, whereby the plaintiff, in consequence of driving over it, in the night time, was injured.
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Error to the Common Pleas of Schuylkill county. This was an action on the case by Patrick Curry against The Corporation of the Borough of Pottsville, for negligently leaving a pile Of dirt in the street, whereby the plaintiff, in consequence of driving over it, in the night time, was injured. The case was arbitrated, and there was an award in favour of the plaintiff, for $150. The award was filed on the 13th March 1858, and on the 25th, the defendant appealed therefrom, without payment of costs. Samuel Heffner, a member of the town council, made the necessary affidavit, which was in proper…
1Opinion of the Court
*444The opinion of the court was delivered by
Strong, J. —
We think the court erred in striking off the appeal from the award of arbitrators. A party is not to lose his right to trial by jury through the mistake or omission of the officer of the law. Here, the oath required by the Act of Assembly had been actually made, and had been reduced to writing. The attestation by the prothonotary only was omitted. The appellant had done all that the law required, to obtain the appeal, and could not be affected by the failure of the prothonotary to discharge his duty. It may be true, that the record is not…
2Cases cited2 opinions
- Robinson v. Jefferson CountySupreme Court of Pennsylvania · 1843
- Shortle v. StocktonSupreme Court of Pennsylvania · 1838
3Cited by9 opinions
- Bertinelli v. GaloniSupreme Court of Pennsylvania · 1938
- Contested Election of CusickLackawanna County Court of Quarter Sessions · 1890
- In re BellahDistrict Court, D. Delaware · 1902
- United States v. GalatoDistrict Court, M.D. Pennsylvania · 1959
- Commonwealth ex rel. Thomas v. ThomasSuperior Court of Pennsylvania · 1920
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