Whitesides v. Russell
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Samuel Russell against Whitesides and others, owners of the steamboat “ Norfolk.” This was an action on the case in which the plaintiff declared on the contract of the defendants to deliver for the plaintiff at Pittsburgh 7918 pounds of rice, and that they did not deliver the same; but the declaration did not, in any part of it, state the value of the rice.
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ERROR to the District Court of Allegheny county. Samuel Russell against Whitesides and others, owners of the steamboat “ Norfolk.” This was an action on the case in which the plaintiff declared on the contract of the defendants to deliver for the plaintiff at Pittsburgh 7918 pounds of rice, and that they did not deliver the same; but the declaration did not, in any part of it, state the value of the rice. The second count was for $1000, for money laid out, expended and paid by the plaintiff for the defendants, and concluded “ to the damage of the plaintiff one thousand dollars, &c.” The…
1Opinion of the Court
*46The opinion of the Court was delivered by
Rogers, J.
This was an action to recover the value of twelve tierces of rice, shipped at New Orleans on board the steamer Norfolk, then lying at New Orleans, bound for Pittsburgh. The defendants agreed to deliver the goods, in good order, at the port of Pittsburgh, (the dangers of the navigation excepted), reserving the privilege of reshipping the same in good boats. The rice was reshipped at Cincinnati on board the steamer Levi Welsh, which it is agreed was a good boat. At Blannerhassett’s island the Levi Welsh struck upon a stone in the Ohio river and…
2Cases cited2 opinions
- Beckman v. ShouseSupreme Court of Pennsylvania · 1835
- Wood v. DavidsonSupreme Court of Pennsylvania · 1829
3Cited by18 opinions
- Steele v. TownsendSupreme Court of Alabama · 1861
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- Hafer v. McKelveySuperior Court of Pennsylvania · 1903
- Schmertz v. ShreeveSupreme Court of Pennsylvania · 1870
- Morgan v. County of MercerSuperior Court of Pennsylvania · 1898
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