Legal Opinion

Wike v. Woolverton

Superior Court of Pennsylvania

Decided December 21, 1904No. Appeal, No. 182PublishedCited by 1 opinion

Appeal, No. 182, Oct. T., 1904, by defendant, from judgment of C. P. Huntingdon Co., Dec. T., 1902, No. 19, on verdict for plaintiff, in case of Alex. Wike v. Wm. H. Woolverton. Assumpsit for work and labor. Before Woods, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,260.58. Defendant appealed. Errors assigned were various rulings in evidence and instructions.

1Opinion of the Court

Opinion by

Mobbison, J.,

In this action in assumpsit there was a verdict in favor of plaintiff and judgment thereon and the defendant appealed. A careful examination of the testimony and the charge of the court leads us to the conclusion that the case was fairly tried, and that the assignments of error do not raise any sufficient ground for reversal.

The disputed question was whether the plaintiff was entitled to receive thirty-five cents per cubic yard for moving 10,685 yards of dirt as he claimed, or twenty-five cents per yard as contended by the defendant. The learned court below affirmed all…

2Cases cited2 opinions

  1. Schofield v. LaffertySuperior Court of Pennsylvania · 1901
  2. Commonwealth v. HoughtonSuperior Court of Pennsylvania · 1903

3Cited by1 opinion

  1. Mellott v. MellottSuperior Court of Pennsylvania · 1914

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