Sloan v. Schomaker
Pennsylvania Court of Common Pleas, Philadelphia County
No. 172 January Term 1890, Sup. Ct.; court below, No. 204 December Term 1886, C. P. No. 3. On December 1, 1886, Charles P. Sloan brought trespass against Henry C. Schomaker and Henry W. Gray. The plaintiff subsequently filed a narr charging, in the first count, a false imprisonment, and in the second, an assault and battery of the plaintiff by the defendants. The defendants pleaded not guilty.
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No. 172 January Term 1890, Sup. Ct.; court below, No. 204 December Term 1886, C. P. No. 3. On December 1, 1886, Charles P. Sloan brought trespass against Henry C. Schomaker and Henry W. Gray. The plaintiff subsequently filed a narr charging, in the first count, a false imprisonment, and in the second, an assault and battery of the plaintiff by the defendants. The defendants pleaded not guilty. The issue thus formed was tried October 24,1887, when a verdict for the plaintiff for $2,500 was rendered, upon which judgment was entered. Subsequently the judgment was opened and a rule for a new…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
On the evidence in this case it is entirely clear that plaintiff was not entitled to recover. He went to defendants’ store upon an errand that was likely to produce a breach of the peace. The charge, if true as he believed, would naturally and properly make him indignant, and that this was his frame of mind appears from the remark which he admits making, that he would like to thrash the man who insulted his mother. On the other hand, such a charge made persistently to the interruption of business, and especially if unfounded or erroneous, would naturally provoke a…
2Cited by8 opinions
- Commonwealth v. JohnstonSupreme Court of Pennsylvania · 1970
- Ruffner v. HooksSuperior Court of Pennsylvania · 1896
- Lemel v. SmithNevada Supreme Court · 1947
- Yoder v. YoderSupreme Court of Pennsylvania · 1913
- Stady v. MartocelloSuperior Court of Pennsylvania · 1944
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