Dilworth v. Kennedy
Supreme Court of Pennsylvania
Appeal, No. 142, Oct. T., 1901, by defendant, from decree of C. P. No. 8, Allegheny Co., Aug. T., 1900, No. 574, on bill in equity in case of DeWitt Dilworth v. Arthur Kennedy and Francis J. Torrance. Bill in equity for an account and an alleged partnership agreement.
Read the full summary
Appeal, No. 142, Oct. T., 1901, by defendant, from decree of C. P. No. 8, Allegheny Co., Aug. T., 1900, No. 574, on bill in equity in case of DeWitt Dilworth v. Arthur Kennedy and Francis J. Torrance. Bill in equity for an account and an alleged partnership agreement. McClung-, J., found the facts to be as follows: 1. (a) The plaintiff and Arthur Kennedy, one of defendants, were associated together in the building, reconstruction and operating of certain electric railways in the state of Indiana, which were finally consolidated under the name of the Indiana Railway Company. Kennedy conducting…
1Opinion of the Court
Opinion by
Me. Justice Pottee,
The assignments of error in this case .cannot be sustained without disturbing the findings of fact, of the court below. It is well settled that we will not review .findings of fact, except in so far as may be necessary to ascertain if there was evidence to warrant them: Hancock v. Melloy, 187 Pa. 371. And that in considering a specification of error which calls in question a finding of fact by the court, we must not lose sight of the familiar principle applicable to the report of a master or to the verdict of a jury: Com. ex rel. v. Stevens, 178 Pa. 543.
The court…
2Cases cited3 opinions
- Commonwealth v. StevensSupreme Court of Pennsylvania · 1897
- Hancock v. MelloySupreme Court of Pennsylvania · 1898
- Mason v. SmithSupreme Court of Pennsylvania · 1901
3Cited by4 opinions
- Davis v. Pennsylvania Pipe LinesSupreme Court of Pennsylvania · 1907
- Rorabaugh's EstateSupreme Court of Pennsylvania · 1911
- Canavan v. PayeSupreme Court of Pennsylvania · 1907
- Lyons v. LyonsSupreme Court of Pennsylvania · 1903