Legal Opinion

Clark v. Cook

Supreme Court of Pennsylvania

Decided January 7, 1901No. Appeal, No. 137PublishedCited by 3 opinions

Appeal, No. 137, Oct. T., 1900, by defendants, from judgment of tbe Superior Court, April T., 1900, No. 125, affirming judgment of C. P. Washington County, Feb. T., 1899, No. 186, on verdict for plaintiff in case of J. Y. Clark v. J. V. H. Cook et al., trading as Cook & Sons. Assumpsit by sheriff to recover expenses of special deputies.Before McIlvaine, P. J. At the trial it appeared that on July 3, 1897, a strike was instituted at the defendants’ mines in Washington county.

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Appeal, No. 137, Oct. T., 1900, by defendants, from judgment of tbe Superior Court, April T., 1900, No. 125, affirming judgment of C. P. Washington County, Feb. T., 1899, No. 186, on verdict for plaintiff in case of J. Y. Clark v. J. V. H. Cook et al., trading as Cook & Sons. Assumpsit by sheriff to recover expenses of special deputies.Before McIlvaine, P. J. At the trial it appeared that on July 3, 1897, a strike was instituted at the defendants’ mines in Washington county. On application of the defendants, the sheriff furnished a number of special deputies to protect the defendants’ mines…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The jury found (1) that the defendants had agreed with the plaintiff to pay the wages of special deputies which he furnished at their request to preserve the. peace and protect their property ; (2) that the contract entered into by the parties was performed by the sheriff and his deputies in good faith, and that the defendants received the services contracted for. These findings were conclusive of the issues raised. Whether the plaintiff as sheriff of the county fully performed official duties not connected with the service of his special deputies was a question…

2Cited by3 opinions

  1. Werner v. Hillman Coal & Coke Co.Supreme Court of Pennsylvania · 1930
  2. Shields v. Latrobe-Connellsville Coal & Coke Co.Supreme Court of Pennsylvania · 1913
  3. Formation of Regional Narcotics Task Force by Sheriff, Pennsylvania Department of Justice1972

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