Retaliation Cases

<p>ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY.</p> <p>No. 32 October Term 1888, Sup. Ct.; court below, No. 407 March Term 1887, C. P. No. 1.</p> <p>On February 7, 1887, a summons in case was served in an action by Alfred Hollister against Dr. John S. Dickson and Sarah Dickson, his'wife, -to recover damages for personal injuries received through the alleged negligence of the defendants. Issue.</p> <p>At the trial on November 17, 1887, the facts appearing in evidence were substantially as follows :</p> <p>On April 10, 1886, the plaintiff, a resident of Utica, New York, was in Pittsburgh, as a traveling salesman for a drug house in New York city, and in the afternoon of that day when passing in front of property belonging to the defendants on Ninth street, in the pursuit of his business, he stepped upon the grating which covered a coal-hole in the foot way. The grating was displaced by his step upon it, and turned or slipped away, whereby the plaintiff fell into the coal-hole to his arm-pits, receiving a severe injury upon his right leg below the knee. He was confined to his bed at the St. Charles Hotel for two months, under treatment, and was off duty for still another month. Erysipelas supervened during his confinement. His testimony, as to the occurrence resulting in his injury sufficiently appears in the charge of the court below and in the opinion of this court. Dr. Orr, his physician, testified that the erysipelas set in on the sixth or seventh day; that erysipelas frequently though not usually followed wounds, but if there had been -no wound there would have been no erysipelas. Other witnesses were called by the plaintiff to prove his injuries, the resultant suffering and the expenses incurred, when he rested.</p> <p>The defendants called Thomas Johnson, an employee of the defendants -who had charge of the building in front of which the injury occurred, and who testified that the coal-hole was not in use at the time, and he had secured the grat

<p>Appeal from Cherokee. Tried below before tlie Hon. Samuel L. Earle.</p> <p>The appellant and one Henry Mitchell were jointly indicted at the Fall term (1868) of the District Court of Cherokee County, for the murder of W. E. Hartless, the husband of the appellant. The death was charged to have been inflicted with a stick and a pocket-knife.</p> <p>At the same term the accused appeared,' pleaded not guilty and obtained a severance. The trial of the appellant ensued, and. she was convicted of murder in the second degree, and her punishment assessed by the jury at ten years’ confinement in the penitentiary, with hard labor. A new trial being refused, the defendant appealed.</p> <p>The first error assigned was the admission of “ testimony as to the habits, disposition and character of the defendant, as pointed out in her bill of exceptions.” It was in proof that the deceased and the appellant .had been married about fourteen years, and had lived amicably together until some two years previous to the homicide; at which time the deceased “put up a still, and commenced making whisky and brandy.” The witness for the State, being under his examination in chief, proceeded to state: “ Deceased then took to drinking, and the fussing began. I have frequently heard the accused hallooing and screaming as if in distress, since the still was put up; and it became such a common thing to hear her, that it was regarded as a nuisance to the neighborhood. We could tell whenever deceased had made a ‘ run ’ of the still, by the hallooing of the accused. I don’t know what made accused make this noise; don’t know which was to blame for it, she or deceased. Know that deceased was frequently drunk, and accused may have been too. I have seen accused drink whisky, but never saw her intoxicated.”</p> <p>By the defendant’s bill.of exceptions, it appears that this testimony went to the jury over her objection, and before she had put her character, habits or disposition in issue.</p> <p>The second