Pennsylvania Steel Co. v. Washington & Berkeley Bridge Co.
District Court, N.D. West Virginia
At Raw. Action by the Pennsylvania Steel Company against the Washington & Berkeley Bridge Company. On demurrer to declaration.
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At Raw. Action by the Pennsylvania Steel Company against the Washington & Berkeley Bridge Company. On demurrer to declaration. The plaintiff, a corporation under the laws of Pennsylvania, has filed a declaration in trespass on the case against the defendant, a corporation under the laws of West Virginia, in which it substantially alleges that the defendant, being duly authorized to construct a bridge over the Potomac river between the counties of Washington, Md., and Berkeley, W. Va., entered into a Contract with the Elmore & Hamilton Contracting Company to construct the abutments and piers…
1Opinion of the CourtDayton, District Judge
(after stating the facts as.above). It is insisted by counsel for demurrant that this declaration is one in trespass on the case alleging a duty owing it by the defendant, negligence on defendant’s part in the performance of that duty, and resultant injury to plaintiff in consequence; that assumpsit, and not trespass on the case, will lie to secure indemnity and contribution wherein allegations that defendant “expressly or impliedly promised to pay” are essential, and wholly wanting and nonessential in the action of case. Therefore demurrant insists:
First. The plaintiff’s own case, as made…
2Cases cited37 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
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3Cited by15 opinions
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- Mallory S. S. Co. v. DruhanAlabama Court of Appeals · 1920
- Horrabin v. City of Des MoinesSupreme Court of Iowa · 1924
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