Hays v. Paul
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. ■ Paul, the plaintiff below, was the owner of flatboats, and was in the business of freighting metal from furnaces on the Allegheny river to Pittsburgh.
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Error to the Court of Common Pleas of Allegheny county. ■ Paul, the plaintiff below, was the owner of flatboats, and was in the business of freighting metal from furnaces on the Allegheny river to Pittsburgh. He had brought down two boats, each loaded with one hundred and seventy tons of metal belonging to Alexander Laughlin, of Pittsburgh, and landed the boats on the river above the upper bridge, on the Pittsburgh side.' Hays, the defendant below, owned the steam towboat, Jacob Painter, and was employed by Paul to tow his boats one to Browns town and the other to South Pittsburgh. Hays…
1Opinion of the Court
The opinion of the court' was delivered, by
Askew, J.
Upon the general principle, applicable to the case, Hays, the defendant below, seems to have had every proper advantage, his first seven points having been answered by the court affirmatively and without qualification. It was only when those were reached which applied these principles to the circumstances of the case, any qualification became necessary. But of this he complains and contends that his points were in clear, distinct and explicit language, that he was entitled to a distinct affirmative answer without qualification. This,…
2Cases cited2 opinions
- Coates v. RobertsSupreme Court of Pennsylvania · 1833
- Utt v. LongSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Publicker Industries, Inc. v. Tugboat Neptune Co.Court of Appeals for the Third Circuit · 1948