Pennsylvania Canal Co. v. Bentley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Juniata county: No, 48, to May Term 1870. On the 17th of November 1868, Ambrose H. Bentley brought an action on the case against the Pennsylvania Canal Company, for negligence in permitting the tow-path of their canal to be in so bad condition that a mule of plaintiff drawing a canal-boat was killed.
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Error to the Court of Common Pleas of Juniata county: No, 48, to May Term 1870. On the 17th of November 1868, Ambrose H. Bentley brought an action on the case against the Pennsylvania Canal Company, for negligence in permitting the tow-path of their canal to be in so bad condition that a mule of plaintiff drawing a canal-boat was killed. The case was tried before Graham, P. J., December 7th 1869. The plaintiff’s evidence was, that in the summer of 1868, he was going westward on the canal with an empty boat; he had to his boat two teams of two mules each; the leading team was ten or twelve…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Sharswood, J.
This controversy is about a mule. Some great principles are supposed to be involved which it is necessary that the court of the last resort should settle. We often hear this alleged in cases in which it must be evident that the expenses will exceed the amount in dispute, or at least one would think the play not to be worth the candle. This ardent attachment to principle seems to be a marked characteristic of the people and bar of this state, and would be highly laudable if it were not accompanied with some counterbalancing…
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