Herbein v. Railroad Co.

9 Watts 272

Opinion

Per Curiam.

We are compelled to believe that the case of the Philadelphia and Norristown Railroad v. Johnson, was not cited in the court below; for it is, in all particulars, the case before us, and it certainly would not have been disregarded. To the omission of the counsel, therefore, is to be attributed the necessity of. an appeal to this court.

Judgment reversed for the costs of witnesses, and affirmed for the residue.