Murphy v. Atlantic Refining Co.
Superior Court of Pennsylvania
Appeal, No. 161, April T., 1919, by plaintiff, from judgment of O. P. Allegheny County, April Term, 1916, No. 2111, in suit tried by the court without a jury in the case of J ames P. Murphy v. Atlantic Refining Company. Assumpsit to recover compensation for gauging barrels under authority of the Act of April 5, 1862, P. L. 261. Before Swearingen, J. The facts are stated in the opinion of the Superior Court. The court entered judgment in favor of the defendant.
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Appeal, No. 161, April T., 1919, by plaintiff, from judgment of O. P. Allegheny County, April Term, 1916, No. 2111, in suit tried by the court without a jury in the case of J ames P. Murphy v. Atlantic Refining Company. Assumpsit to recover compensation for gauging barrels under authority of the Act of April 5, 1862, P. L. 261. Before Swearingen, J. The facts are stated in the opinion of the Superior Court. The court entered judgment in favor of the defendant. Plaintiff appealed. Errors assigned were in dismissing exceptions to various findings of facts and conclusions of law and the decree…
1Opinion of the Court
Opinion by
Keller, J.,
The plaintiff’s claim is for services performed in pursuance of an ordinance of the City of Pittsburgh enacted by virtue of the authority granted by the special Act of April 5, 1862, P. L. 261, relative to inspectors and gaugers for the County of Allegheny and the City of Pittsburgh. It might well be dismissed for failure to show a compliance with the provisions of the act upon which it is based. The Act of 1862 (sections 5 to 15), provides for the appointment of a gauger for the City of Pittsburgh, “whose duty it shall be to gauge all liquid merchandise offered for sale…
2Cases cited1 opinion
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904