Legal Opinion

Dixon v. Owens

Superior Court of Pennsylvania

Decided November 19, 1902No. Appeal, No. 287Published

Appeal, No. 287, Oct. T., 1901, by defendant, from judgment of C. P. No. 8, Phila. Co., Sept. T., 1898, No. 1434, on verdict for plaintiff in case of William B. Dixon v. Bernard C. Owens. Trespass for conversion of a horse. Before McMichaer, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $300. Errors assigned were portions of charge.

1Opinion of the Court

Opinion by

William W. Porter, J.,

The defendant, Owens, was the proprietor of a saloon and race track in the suburbs of the city of Philadelphia. One Fitzsimmons, a trainer, brought to the track a race horse and lodged him in a stall on the defendant’s premises. Fitzsimmons raced him under his own name and collected the winnings. The real owner of the horse was the plaintiff, Dixon, who frequently visited the track, and, after a time, notified Owens of his ownership. Owens up to this time had regarded Fitzsimmons as the owner, and had a charge for feed, etc., against the horse. Dixon, having…

2Cases cited2 opinions

  1. Hindmarch v. HoffmanSupreme Court of Pennsylvania · 1889
  2. Robinson v. HodgsonSupreme Court of Pennsylvania · 1873

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