Stewart v. Benninger
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP CLARION COUNTY. No. 46 October Term 1890, Sup. Ct.; court below, No. 174 January Term 1888, G. P. On December 27,1887, an appeal was entered by the defendant from tbe judgment of a justice of the peace, in an action brought by G. B. Stewart against Jacob Benninger, to recover damages for injuries committed to property of tbe plaintiff by trespassing swine belonging to tbe defendant. Issue.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP CLARION COUNTY. No. 46 October Term 1890, Sup. Ct.; court below, No. 174 January Term 1888, G. P. On December 27,1887, an appeal was entered by the defendant from tbe judgment of a justice of the peace, in an action brought by G. B. Stewart against Jacob Benninger, to recover damages for injuries committed to property of tbe plaintiff by trespassing swine belonging to tbe defendant. Issue. At the trial on January 18, 1890, the following facts were shown: Tbe plaintiff and the defendant were the owners of adjoining farms in Toby township,…
1Opinion of the Court
*440OPINION,
Mb. Chief Justice Paxson :
According to the statement of the plaintiff the defendant kept a very voracious set of hogs. They were suffered to run at large without rings or yokes. “ They were of the slab-sided, long-snooted breed, against whose daily and nocturnal visits there is no barrier. They were of an exceedingly rapacious nature, and six of them, at one sitting, devoured fifty pounds of paint, thirty gallons of soft soap, four bushels of apples, and five bushels of potatoes, the property of the plaintiff. They raided the plaintiff’s spring-house, upset his milk-crocks, and…
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