Geiger v. Madden
Superior Court of Pennsylvania
Appeal, No. 250, Oct. T., 1913, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1910, No. 244, on verdict for plaintiff in case of John Geiger by his father and next friend, Franz H. Geiger, and Franz H. Geiger v. William E. Madden. Trespass to recover damages for killing plaintiff’s son.
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Appeal, No. 250, Oct. T., 1913, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1910, No. 244, on verdict for plaintiff in case of John Geiger by his father and next friend, Franz H. Geiger, and Franz H. Geiger v. William E. Madden. Trespass to recover damages for killing plaintiff’s son. Before Sulzberger, J. It appeared that the defendant was a police officer, and on July 6, 1910, while in citizen’s clothes shot and killed the deceased after the latter had broken away from arrest. The court charged in part as follows: [I do not understand that there is any defense, except…
1Opinion of the Court
Opinion by
Rice, P. J.,
In the statement of claim it was alleged that, while John Geiger was lawfully upon a public street and in the peace of the commonwealth,, the defendant discharged a number of shots from a revolver “willfully and maliciously into the body of the said John Geiger,” causing the injuries which were described, and that he died as the result of said injuries. At the outset of the trial the plaintiff was permitted, under objection and exception, to amend his statement by substituting “negligently” for “wilfully and maliciously.” We cannot agree with counsel that by the…
2Cases cited8 opinions
- Mastel v. WalkerSupreme Court of Pennsylvania · 1914
- Trego v. LewisSupreme Court of Pennsylvania · 1868
- Joynes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
- Knapp v. HartungSupreme Court of Pennsylvania · 1873
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Raskus v. Allegheny Valley Street Railway Co.Supreme Court of Pennsylvania · 1930
- Tabor v. McKenzieCourt of Appeals of Texas · 1932
- Thomas v. Osborn, Pennsylvania Court of Common Pleas, Chester County1965
- Ammlung v. City of Chester, Pennsylvania Court of Common Pleas, Delaware County1971
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