Cope v. Dodd
Supreme Court of Pennsylvania
Error to the Common Pleas, Philadelphia. This was an action brought by George Dodd against Henry Cope and others, co-partners under the firm of H. & A. Cope & Co. to recover eighty dollars, passage money, paid for his passage from Philadelphia to Liverpool, in their ship, the Thomas P. Cope.— The ship sailed on the 25th November, 1846, for Liverpool, and when out four days was struck by lightning and consumed.
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Error to the Common Pleas, Philadelphia. This was an action brought by George Dodd against Henry Cope and others, co-partners under the firm of H. & A. Cope & Co. to recover eighty dollars, passage money, paid for his passage from Philadelphia to Liverpool, in their ship, the Thomas P. Cope.— The ship sailed on the 25th November, 1846, for Liverpool, and when out four days was struck by lightning and consumed. Dodd, the plaintiff, had some goods with him, a part of which were lost. Dodd got on board an English vessel, and from that, into another, which was going to Boston. He alledged that…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
Our attention is principally to be directed to two points: First, will this action lie against any one ? and if so, then, secondly, is it well brought against the owners of the ship ? Subordinate to these, are certain questions of evidence.
The answer to bo returned to the first point, depends on the nature and extent of the contract made with the plaintiff below; whether it was an absolute understanding to transport him from Philadelphia to Liverpool ? or, as the defendants contend, it imposed no further duty than to furnish a chance of…
2Cases cited1 opinion
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