M'Bride v. M'Laughlin
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. This was an action of trespass by John P. M’Laughlin against Alexander D. M’Bride and Geo. M’Bride. The defendants had obtained a judgment against John and James M’Laughlin, upon which they had procured an execution to issue and levied upon the separate property of John and sold it under circumstances of peculiar injustice and oppression.
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ERROR to the district court of Alleghany county. This was an action of trespass by John P. M’Laughlin against Alexander D. M’Bride and Geo. M’Bride. The defendants had obtained a judgment against John and James M’Laughlin, upon which they had procured an execution to issue and levied upon the separate property of John and sold it under circumstances of peculiar injustice and oppression. The proof was that the oppression was meditated against James, and not against John, who was said to have joined in the judgment by mistake: and it was set aside as to him. That part of the case which gave…
1Opinion of the Court
*376The opinion of the Court was delivered by
Gibson, C. J.
In trespass, the quo animo is certainly not material to the question of liability; nor is it so even to the quantum of the damages in order to bring it below the actual injury. The common law rejects the compromising principle of the civil law, which divides the loss betwixt parties equally blameless; and acts on a sterner but-more exact rule of justice, by casting the whole on him who occasioned it, and requiring him to bear the consequences of his own acts as his own mischances, Hut though mitigant circumstances may not reduce the…
2Cases cited4 opinions
- Mo. Pac. R'y Co. v. HewettCourt of Appeals of Texas · 1884
- Woert v. JenkinsNew York Supreme Court · 1817
- Sommer v. WiltSupreme Court of Pennsylvania · 1818
- Kuhn v. NorthSupreme Court of Pennsylvania · 1823
3Cited by13 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Adelman Et Ux. v. RosenbaumSuperior Court of Pennsylvania · 1938
- Givens v. W. J. Gilmore Drug Co.Supreme Court of Pennsylvania · 1939
- Brown v. EvansUnited States Circuit Court · 1883
- Fotheringham v. Adams Express Co.U.S. Circuit Court for the District of Eastern Missouri · 1888
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