Dungan v. Read
Supreme Court of Pennsylvania
Appeal, No. 77, Jan. T., 1895, from order of G. P. No. 1, Phila. Co., Sept. T., 1892, No. 616, refusing to set aside a writ of capias ad satisfaciendum and remanding defendant to county prison. Trespass to recover damages for injuries to a horse and carriage.
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Appeal, No. 77, Jan. T., 1895, from order of G. P. No. 1, Phila. Co., Sept. T., 1892, No. 616, refusing to set aside a writ of capias ad satisfaciendum and remanding defendant to county prison. Trespass to recover damages for injuries to a horse and carriage. Plaintiff’s statement was as follows: “Plaintiff Frank P. Dungan brings this, his action, against the defendant, Edward C. Reed, Jr., and claims damages for injuries sustained by him in manner following: “ Heretofore to wit, on September 16, 1892, the defendant hired and let from the plaintiff, .who is a livery stable keeper, a certain…
1Opinion of the Court
Per Curiam,
There is nothing in this case that requires discussion. The action is clearly ex delicto. It is true, the statement commences by reciting a contract, but that is merely matter of inducement, to show how the defendant acquired possession of the property on which he afterwards committed the trespass complained of. The recital was wholly unnecessary and may be so treated. The bodj’- of the statement contains a distinct averment of the trespass complained of; and by pleading not guilty thereto the defendant so recognized it. On that issue the case was tried and judgment entered. It was…
2Cited by4 opinions
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- Baxter v. WunderSuperior Court of Pennsylvania · 1926
- Owens Bros. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908