Hartleib v. McLane's Administrators
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an amicable action in case entered in the court below, in which Matthias Hartleib was plaintiff, and John W. McLane was defendant. While the action was pending the defendant died, when, on motion, Rose McLane and Jonas Gunnison, administrators of deceased, were substituted.
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Error to the Common Pleas of Erie county. This was an amicable action in case entered in the court below, in which Matthias Hartleib was plaintiff, and John W. McLane was defendant. While the action was pending the defendant died, when, on motion, Rose McLane and Jonas Gunnison, administrators of deceased, were substituted. The facts of the case were as follows:— On the 15th day of January 1861, Matthias Hartleib placed in the hands of John W. McLane, Esq., then high sheriff of the county of Erie, a fieri facias, issued upon a judgment in favour of Hartleib against Kuntz and Reinger for the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
There is but a single point of inquiry in this case, and that involves the question how far a sheriff is liable for the safe custody of goods taken in execution by him, and the degree of care to be observed, whether of an ordinary bailee for hire, or a common carrier or innkeeper, so as to raise a responsibility for loss by theft. Does it most resemble the former, calling only for ordinary care and diligence on part of the sheriff, and consequently only fastening liability for the loss of property seized, in the absence of such care and…
2Cases cited2 opinions
- Bridges v. PerrySupreme Court of Vermont · 1842
- Browning v. HanfordCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by7 opinions
- Reece v. RodgersSuperior Court of Pennsylvania · 1909
- Commonwealth v. WegleinSuperior Court of Pennsylvania · 1941
- Crawford v. McMahonSuperior Court of Pennsylvania · 1918
- Commonwealth v. Weglein, Pennsylvania Court of Common Pleas, Philadelphia County1937
- Commonwealth v. Weglein, Pennsylvania Court of Common Pleas, Philadelphia County1934
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