Erie City Iron Works v. Barber & Co.
Supreme Court of Pennsylvania
Ebbob to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1883, No. 188. This was an action of deceit by Pirineas M. Barber and Ambrose B. Henderson, trading as P. M. Barber & Co., against the Erie City Iron Works, to recover damages for the loss sustained by said plaintiffs .in the partial destruction of tlreir mill by the explosion of a boiler, which explosion was due to the alleged deceit of the defendant in selling the plaintiffs a defective…
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Ebbob to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1883, No. 188. This was an action of deceit by Pirineas M. Barber and Ambrose B. Henderson, trading as P. M. Barber & Co., against the Erie City Iron Works, to recover damages for the loss sustained by said plaintiffs .in the partial destruction of tlreir mill by the explosion of a boiler, which explosion was due to the alleged deceit of the defendant in selling the plaintiffs a defective boiler, and in falsely and knowingly warranting such boiler to be safe and fit for use. The. case was twice tried. At the…
1Opinion of the CourtJustice Trunkey
In case of finding for the plaintiffs the jury were instructed to assess the damages in two parts: 1. All damage exclusive of the rental value of the mill during the necessary time for making repairs, and 2. The rental value for such time; the court reserving the point whether the plaintiffs were entitled to recover rental value for the time required to repair the injury. Had the mill been entirely destroyed its value would have been compensation. If worth repairing, how can compensation be made without allowance for the time it was necessarily idle ? In determining the difference between the…
2Cases cited2 opinions
- Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
- McFerran v. TaylorSupreme Court of the United States · 1806
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- Griffin v. Metal Product Co.Supreme Court of Pennsylvania · 1919
- Bird v. Penn Central CompanyDistrict Court, E.D. Pennsylvania · 1971
- Seaboard Surety Co. v. Permacrete Construction Corp.Court of Appeals for the Third Circuit · 1955
- Ebbert v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1936
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