Waring v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 213. This was an action of trover, commenced October 8th 1868, by the Pennsylvania Railroad Company against Edward J. Waring who survived Robert Lafferty, partners, &c. The style of the action was afterwards amended by adding to plaintiffs’ name, “ for the use of the Allegheny "Valley Railroad Company.” The defendant pleaded, “ Not guilty.”
Read the full summary
Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 213. This was an action of trover, commenced October 8th 1868, by the Pennsylvania Railroad Company against Edward J. Waring who survived Robert Lafferty, partners, &c. The style of the action was afterwards amended by adding to plaintiffs’ name, “ for the use of the Allegheny "Valley Railroad Company.” The defendant pleaded, “ Not guilty.” The action was brought for the value of three car loads of crude oil, delivered by the Pennsylvania Railroad Company by mistake in August 1868 to Waring and…
1Opinion of the CourtJustice Gordon
Lord Mansfield defines the action of trover to be, “ a remedy to recover the value of personal chattels wrongfully converted by another to his own use 1 Chit. Plead. 146. The talcing may have been lawful, hence the gist of the action lies in the wrongful conversion. Where one has the lawful possession of the goods of another, and has not converted them, this action will not lie until there has been a refusal to deliver them upon demand made. Ordinarily where such goods have been converted by the bailee, the law presumes it to be wrongful, and the action may be brought without a previous…
2Cited by4 opinions
- Norriton East Realty Corp. v. Central-Penn National BankSupreme Court of Pennsylvania · 1969
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- Davis v. Southern Surety Co.Supreme Court of Pennsylvania · 1930
- Shaffer v. WaltherWashington Supreme Court · 1951