Waters v. Wing
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Crawford county: No. 78, to October and November Term 1868. This was an action on the case, to November Term 1866, by D. O. Wing against Nelson Waters, for negligence of the defendant, which resulted in the death of the plaintiff’s horse.
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Error to tbe Court of Common Pleas of Crawford county: No. 78, to October and November Term 1868. This was an action on the case, to November Term 1866, by D. O. Wing against Nelson Waters, for negligence of the defendant, which resulted in the death of the plaintiff’s horse. On the 3d of October 1866, in daytime, a number of young men were riding on horseback from Saegertown towards Mead-ville, on the public road: one of them, the son of the plaintiff, was riding the horse which was killed. The defendant was driving a buggy in the opposite direction; the shaft of the defendant’s buggy ran…
1Opinion of the Court
The opinion of the court was delivered, October 29th 1868, by
Thompson, C. J.
1. We have no hesitation in determining that the deposition of Eliza D. Ham was competent testimony, without showing the service of, or attempting to serve, a subpoena upon her. In her examination she stated her residence to be in the state of New York, at Saratoga. It thus appears that she was but temporarily in Crawford county when her deposition was taken, and, at all events, that her residence was out of the jurisdiction of the court. Both parties knew this, for she was cross-examined by the plaintiff’s attorney,…
2Cases cited1 opinion
- Pennock v. FreemanSupreme Court of Pennsylvania · 1833
3Cited by4 opinions
- Haertel v. Pennsylvania Light & Power Co.Supreme Court of Pennsylvania · 1908
- Tolson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Ferguson v. Barber Asphalt Paving Co.Superior Court of Pennsylvania · 1915
- Schmidt v. McGillSupreme Court of Pennsylvania · 1888