Philadelphia & Reading Railroad v. Waterman
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This was an amicable action between Isaac S. Waterman and Thomas Beaver, trading as Waterman & Beaver, plaintiffs, and The Philadelphia and Reading Railroad Company, defendants, filed February 17th 1866, in which the following case, in the nature of a special verdict, was stated for the opinion of the court:— “ 1. In February 1864, the plaintiffs agreed to sell and the defendants to purchase 4000 tons of railroad iron, of which 1652|§ tons were…
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Certificate from Nisi Prius. This was an amicable action between Isaac S. Waterman and Thomas Beaver, trading as Waterman & Beaver, plaintiffs, and The Philadelphia and Reading Railroad Company, defendants, filed February 17th 1866, in which the following case, in the nature of a special verdict, was stated for the opinion of the court:— “ 1. In February 1864, the plaintiffs agreed to sell and the defendants to purchase 4000 tons of railroad iron, of which 1652|§ tons were to be delivered, and were actually delivered, after the 1st of July 1864. “ 2. The contract fixed the price to be paid by…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
A case stated, when well drawn, is like an issue developed by special pleading, and presents in a single point or in a series of points, the very matter that is up for judgment. The court cannot go beyond the issue that is thus brought upon the record, however manifest the justice that might be reached by going farther. The duty of the court is to decide the case that is stated, and to presume that what is not included was kept out for sufficient reason. Proceeding on this principle this case was considered at Nisi Prius as involving…
2Cited by7 opinions
- S. A. Loux & Son v. FoxSupreme Court of Pennsylvania · 1895
- Mutchler v. City of EastonSupreme Court of Pennsylvania · 1892
- Seiple v. Seiple, Pennsylvania Court of Common Pleas, Northampton County1890
- Hagy v. SharpSuperior Court of Pennsylvania · 1934
- City of Easton v. Leeds, Pennsylvania Court of Common Pleas, Northampton County1923
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