Fisher v. Forrester
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland county.* This was an action on the case by Ira Forrester against Isaac D. Fisher, for a malicious prosecution.
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Error to the Common Pleas of Northumberland county.* This was an action on the case by Ira Forrester against Isaac D. Fisher, for a malicious prosecution. On a Sunday, in October 1853, as the defendant Isaac D. Fisher, and his wife, were returning from church in a buggy, four young men, of whom the plaintiff, Ira Forrester, was one, rode past them on horseback, at a rapid gait; and in passing, it was alleged by the defendant, touched his horse and frightened him so that he ran up against the fence, injured the buggy and harness, and endangered the lives of the defendant and his wife. Some…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The facts of this case, as sent up to us, have made a very different impression on our minds from that which they seem to have produced on the mind of the learned president of the Common Pleas.
The plaintiff in error, and his wife, were returning home from church on Sunday, along the public road in a buggy, when their horse took fright, rushed up against a fence, endangered their lives, and did some slight injury to the buggy and harness. He believed that the defendant in error, plaintiff below, caused the affright of the horse by the rapid…
2Cited by3 opinions
- Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
- Roessing v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
- Mahaffey v. ByersSupreme Court of Pennsylvania · 1892