Smith v. Seward
Supreme Court of Pennsylvania
Error to Luzerne Court of Common Pleas. July 11. This was an action on the case for the loss of horses &c., in crossing a ferry.
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Error to Luzerne Court of Common Pleas. July 11. This was an action on the case for the loss of horses &c., in crossing a ferry. The plaintiff declared against A. Smith, as owner and occupier, and E. Smith being in his employ for conducting said ferry: ««for that they, the said defendants, respectively occupying and conducting said ferry, offered and undertook, in consideration that the public, and those desirous of travelling across said river should be conveyed across by means of the ferriage of said defendants, and for hire to receive and safely to convey across said river, by a certain…
1Opinion of the CourtGibson, C. J.
The interest of Green, if he had any, was at most a contingent one. The court could not assume that the wagoner employed by him was chargeable with negligence; without which, neither wagoner nor employer would be liable to the owner of the team put under the wagoner’s direction; and without assuming the *345fact of negligence, the testimony of the employer could not be excluded. It is settled that the mere possibility of being sued does not disqualify.
The motion to arrest the judgment for the reason that the verdict was against but one of the defendants, was properly dismissed, the declaration…
2Cases cited2 opinions
- M'Cahan v. HirstSupreme Court of Pennsylvania · 1838
- Hunt v. WynnSupreme Court of Pennsylvania · 1837
3Cited by8 opinions
- Brown v. MooreCourt of Appeals for the Third Circuit · 1957
- Consolidated Cigar Corp. v. CorbinSupreme Court of Pennsylvania · 1925
- Brown v. MooreCourt of Appeals for the Third Circuit · 1957
- Owens Bros. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- Southern Steamship Co. v. HullSuperior Court of Pennsylvania · 1911
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