Becker v. Lebanon & Myerstown Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 57, Oct. T., 1902, by plaintiff, from judgment of C. P. Lebanon Co., Sept. T\, 1900, No. 150, for defendant on plea in abatement in case of John Adam Becker v. Lebanon & Myers-town Street Railway Company. Trespass for injuries resulting from tbe construction of a street railway on a highway. The facts appear by the opinion of the Superior Court. Errors assigned among others were in entering judgment in favor of defendant on plea in abatement.
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff brought an action of trespass against defendant and filed a statement to which the defendant pleaded not guilty. Later he brought a second action and filed a statement to which the defendant pleaded in abatement the pendency of the former action averring that it was “ for and upon the same cause of action, wrong and injury in the said statement or declaration in this present suit mentioned,” and praying “ judgment of the said writ and statement in this suit and the same may be quashed,” etc. To this the plaintiff filed a special replication, winch was to…
2Cases cited18 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Jenkins v. FowlerSupreme Court of Pennsylvania · 1855
- Findlay & Hay v. KeimSupreme Court of Pennsylvania · 1869
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Feather v. HusteadSupreme Court of Pennsylvania · 1916
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Speier v. Locust Laundry, Inc.Superior Court of Pennsylvania · 1914
- Mullen v. McGeaghSuperior Court of Pennsylvania · 1926
- Becker v. Lebanon & Myerstown Street Railway Co.Superior Court of Pennsylvania · 1906
8 more not listed; retrieve them via the Exa API.