Dean v. Swoop
Supreme Court of Pennsylvania
IN ERROR. WRIT of error to the Common Pleas of Huntingdon county. The action below was against Swoop as a common carrier, to recover damages for the loss of the plaintiff’s goods, which he undertook to carry for hire from a place on the Juniata to Columbia.
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IN ERROR. WRIT of error to the Common Pleas of Huntingdon county. The action below was against Swoop as a common carrier, to recover damages for the loss of the plaintiff’s goods, which he undertook to carry for hire from a place on the Juniata to Columbia. The cause was tried under the general issue, and upon the trial, as it appeared by the bill of exceptions, the defendant offered to give in evidence, “ the opinion of a “ certain witness as to the custom of the country, and the “ carrying trade on the river Juniata, and the general under-u standing and belief of the country, as to the…
1Opinion of the Court
Tilghman C. J.
after stating the exceptions, and that the court would give no opinion but upon the last, delivered judgment upon that point, as follows.
We are very clear that this exception was well founded. What the plaintiff and another person had done in the transaction alluded to, was totally irrelevant to the issue joined, and the evidence could only tend to draw the attention of the jury from the point before them, and perhaps to influence their minds. It has been contended that the evidence was proper, as it tended to corroborate the testimony given before, touching the custom of the…
2Cited by4 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. JenkinsIllinois Supreme Court · 1898
- Cope v. DoddSupreme Court of Pennsylvania · 1850
- Gordon & Walker v. LittleSupreme Court of Pennsylvania · 1822
- Potts v. AechternachtSupreme Court of Pennsylvania · 1880