Gingrich v. Sheaffer

Citations

• 16 Pa. Super. 299
• 1901 Pa. Super. LEXIS 62

Syllabus

<p>Justice of the peace — Jurisdiction—Trespass vi et' armis — Trespass on the case.</p> <p>A justice of the peace has jurisdiction of actions of trespass for the recovery of damages for injury done or committed on real and personal estate. The damages for which plaintiff may sue before a justice in this form of action are such as arise where the injury is immediate and would be recoverable in the common-law action of trespass vi et armis, and not such as are consequential, and would be recoverable if at all, only in an action of trespass on the case. It is the nature of the demand, not merely the form of action in which the summons issues, that determines the justice’s jurisdiction ; and, if he had no jurisdiction of the cause of action the objection is not waived on appeal, but may be raised on the trial in the common pleas.</p> <p>On an appeal from a judgment of a justice of the peace, it appeared that the form of action was assumpsit. The justice’s record showed the nature of plaintiff’s demand as follows: “Plaintiff is sworn and claims $60.00, being the amount due plaintiff for repairs, and loss of time for a buggy which defendant borrowed from plaintiff, the said buggy being broken while being used by an employee of the defendant.” In the common pleas it appeared that plaintiff’s claim embraced two demands. The first for the sum of $40.00, being the amount expended by the plaintiff at the special instance and request of the defendant, which sum the defendant expressly promised to pay; the second for the sum of $21.00 which plaintiff lost in consequence of defendant’s negligence. Held, (1) that the first demand was based upon an express contract, and was clearly within the jurisdiction of the justice; (2) that the second was not within his jurisdiction ; (3) that after an appeal and on a trial of the merits, plaintiff might recover the amount for which the justice had jurisdiction.</p>