Bradlee & Co. v. Whitney & Kemmerer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1884, No. 333. Amicable action, submitted to a referee without the intervention of a jury, under the Act of May 14th, 1874, in which W. B. Whitney and M. S. Kemmerer, trading as Whitney & Kemmerer, were plaintiffs, and Thomas F. Dixon and William Gerhard, trading as Bradlee & Co., were defendants, to recover the price of a cargo of coal.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1884, No. 333. Amicable action, submitted to a referee without the intervention of a jury, under the Act of May 14th, 1874, in which W. B. Whitney and M. S. Kemmerer, trading as Whitney & Kemmerer, were plaintiffs, and Thomas F. Dixon and William Gerhard, trading as Bradlee & Co., were defendants, to recover the price of a cargo of coal. The referee (S. Davis Page, Esq.), found the following facts : The plaintiffs were coal dealers doing business in Philadelphia, and supplying their trade with coal shipped…
1Opinion of the CourtJustice Clark
By agreement of the parties in this case, trial by jury was dispensed with, and the matters at issue were submitted to the decision of a referee, learned in the law, under the provisions of the Act of 14th May, 1874. The'questions now presented for our consideration arise upon exceptions filed to the report of the referee. It has been frequently held in this court that a writ of error, in such case, brings up only questions of law. The court cannot go behind the findings of fact by the referee, except where the assignment of error is such as could be heard and determined if the trial had been…
2Cited by17 opinions
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- Commonwealth v. Westinghouse Electric & Manufacturing Co.Supreme Court of Pennsylvania · 1892
- Commonwealth v. Lehigh Valley R. Co.Supreme Court of Pennsylvania · 1889
- Pennsylvania Co. for Insurances on Lives v. WallaceSupreme Court of Pennsylvania · 1943
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