McKnight v. Ratcliff & Johnson
Supreme Court of Pennsylvania
Error to the Common Pleas of Carbon county. This was an action of trespass on the case by Robert Ratcliff, John Johnson, and George Johnson against John McClintock, John W. McKnight, and John L. McKnight.
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Error to the Common Pleas of Carbon county. This was an action of trespass on the case by Robert Ratcliff, John Johnson, and George Johnson against John McClintock, John W. McKnight, and John L. McKnight. The plaintiffs averred in their declaration that they were lessees of certain collieries in Banks township, Carbon county, with the right to enjoy and work the same without any interruption thereof by the damming or obstruction in the flow of a stream called Beaver creek, &e. But that defendants, well knowing, &c., but continuing, &c., did wrongfully and injuriously dam, fill up, obstruct,…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
It startles one to hear it unqualifiedly denied, that one copartner is not answerable for the wilful torts of others of the firm; that a firm is not to be held responsible for such torts committed by a servant or agent; that when committed by a servant, of his own mere motion, or solely by a member of the firm, that the firm is not to be answerable, and that partners can only be made to respond for trespasses in which each is an actor. The affirmative of these positions is the substance of the first three points of the defendant below, and…
2Cases cited1 opinion
- O'Conner v. ForsterSupreme Court of Pennsylvania · 1840
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