Howard Express Co. v. Wile
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia,: No. 144, to January Term 1870. This was an action on the case commenced February 14th 1866, by Henry Wile against The Howard Express Company. The declaration was that the defendants were common carriers, and received from the plaintiff a package containing $165, to be carried from Reading to Philadelphia, and delivered to the plaintiff, and that the package was lost by the negligence of the defendants.
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Error to the District Court of Philadelphia,: No. 144, to January Term 1870. This was an action on the case commenced February 14th 1866, by Henry Wile against The Howard Express Company. The declaration was that the defendants were common carriers, and received from the plaintiff a package containing $165, to be carried from Reading to Philadelphia, and delivered to the plaintiff, and that the package was lost by the negligence of the defendants. The evidence of the plaintiff was that a sealed package, which in the receipt of the defendants was “said to contain $155,” had been delivered to…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— The doctrine that wherever there is a scintilla of evidence of a material fact, the question must be submitted to the jury has not stood the test of experience, and it has accord-' ingly been exploded in England: Ryder v. Coombwell, Law Rep. 4 Exch. 34. The more reasonable statement of the rule is, that where there is any evidence which alone would justify an inference of the disputed fact, it must go to the jury, no matter how strong or persuasive may be the countervailing proof. A court may set aside a verdict as against the weight of…
2Cited by27 opinions
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- Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
- Heffernan v. RosserSupreme Court of Pennsylvania · 1966
- Trude v. MartinSuperior Court of Pennsylvania · 1995
- Hepler, Admrx. v. HammondSupreme Court of Pennsylvania · 1949
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