Oswald v. Kennedy
Supreme Court of Pennsylvania
Erbor to the Common Pleas of Cumberland county. This was an action of trespass on the case by John Kennedy against Richard Oswald, Andrew J. Kauffman, Joseph Millisen, John S. Boyer, Daniel Comfort, Levi Kauffman, and Levi Eberly, to recover damages for an alleged false imprisonment. The material facts of the case were these:— On the 29th June 1861, the plaintiff was in the borough of Mechanicsburg, in Cumberland county.
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Erbor to the Common Pleas of Cumberland county. This was an action of trespass on the case by John Kennedy against Richard Oswald, Andrew J. Kauffman, Joseph Millisen, John S. Boyer, Daniel Comfort, Levi Kauffman, and Levi Eberly, to recover damages for an alleged false imprisonment. The material facts of the case were these:— On the 29th June 1861, the plaintiff was in the borough of Mechanicsburg, in Cumberland county. He started from Herd’s tavern on horseback, in the direction of his home, four or five miles south of the town, had passed to the upper end of town and turned into a cross…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— It was not error on the part of the court to express an opinion that the damages in a case of this nature ought to be more than nominal, when the question is fully left to the jury as to what damages should be given. That was what the learned judge did in this case, and it is fully justified by innumerable authorities, which it would be an affectation of research to encumber an opinion with. A few of them are cited by the defendant in error, and none to the contrary. This is enough for the first assignment of error.
The second assignment…
2Cited by3 opinions
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- McDyer v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1910
- Dallmeyer v. DallmeyerSupreme Court of Pennsylvania · 1888