Johnson & Swackhammer v. Lehigh Valley Railroad

Citations

• 63 Pa. Super. 364
• 1916 Pa. Super. LEXIS 168

Syllabus

<p>Justice of the peace — Jurisdiction—Amount—Railroads.</p> <p>In an action against a railroad company before a justice of tbe peace to recover damages for injuries to machinery suffered in transportation, the justice has jurisdiction where it appears that the itemized statement of the claim filed with the justice aggregated $292.35, and that judgment was rendered for $224.35; and the jurisdiction is not ousted on the trial of an appeal in the Common Pleas because on cross-examination plaintiff testified that he thought he ought to have a new machine in place of the old one. and that the price of a new machine would amount to more than the magistrate’s jurisdiction, although he acknowledged that his own machine was an old one, and that the cost of repairing it would be much less than the cost of a new machine.</p> <p>In such a case plaintiff is not entitled the expenses of maintaining and boarding three men for several days whom he had sent forward to set up the machine after he knew that it had been injured and before it had started finally for its destination.</p>