Pennsylvania Railroad v. Zug
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of trespass on the case by The Pennsylvania Railroad Company against Jacob Zug. The defendant owned a paper-mill near Carlisle, which was under the care and management of his foreman, Edmund Mather, and was in the habit of receiving rags over the Pennsylvania Railroad through Messrs. Henderson & Reed, freighters on the Cumberland Yalley Railroad, to whom he had given a general order for this purpose.
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Error to the Common Pleas of Cumberland county. This was an action of trespass on the case by The Pennsylvania Railroad Company against Jacob Zug. The defendant owned a paper-mill near Carlisle, which was under the care and management of his foreman, Edmund Mather, and was in the habit of receiving rags over the Pennsylvania Railroad through Messrs. Henderson & Reed, freighters on the Cumberland Yalley Railroad, to whom he had given a general order for this purpose. Some time in 1860, twenty-one bales of rags were received at Pittsburgh by the plaintiffs, consigned to Given & Brother,…
1Opinion of the Court
The opinion of the court was delivered, by
A&new, J.
The first error assigned contains the simple proposition that a count in assumpsit may be joined with a count for a deceit. The fraud of the defendant, in obtaining the goods of Given & Brother from the carriers, 'by the deceitful and wrongful pretence of ownership, is the essential and distinct averment of the first count. The promise to pay to the carriers the price of the goods they had been compelled to pay Given & Brother, and the cost of carriage, is the equally clear foundation of the second count. The former could be tried upon the…
2Cited by5 opinions
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- Carter v. Manhattan Life InsuranceHawaii Supreme Court · 1897
- Coughenour v. Charles E. Stewart & Co.Superior Court of Pennsylvania · 1910
- Fox v. Fogelman, Pennsylvania Court of Common Pleas, Philadelphia County1946