Legal Opinion

Pierce v. Sweet

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 9 opinions

Error to tbe Common Pleas of Bradford county. This was an action of trespass by Elisha W. Sweet against Stephen Pierce and Gr. F. Redington, for taking and carrying away a quantity of boards, scantling, plank, and joist, under an execution against William Nichols and A. T. Nichols, upon which the plaintiff had a lien to the amount of $187.73, for manufacturing the said lumber into boards, &c.

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Error to tbe Common Pleas of Bradford county. This was an action of trespass by Elisha W. Sweet against Stephen Pierce and Gr. F. Redington, for taking and carrying away a quantity of boards, scantling, plank, and joist, under an execution against William Nichols and A. T. Nichols, upon which the plaintiff had a lien to the amount of $187.73, for manufacturing the said lumber into boards, &c. On the trial, the plaintiff called William Nichols, one of the former owners of the lumber in question, as a witness, who, being objected to by the defendants on the ground of interest, produced the…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

The testimony of Nichols, if believed, proved that the plaintiff below, under his contract, had the exclusive possession of the mill and mill-yard, as well as of the mill-houses. Of course, when the logs were delivered to him for sawing, the Messrs. Nichols parted with the possession of them. In no sense was the plaintiff their servant, employed by them to bestow, labour upon personal property, while they retained possession of it. He was more than a servant. He was a bailee for hire, who received the ■ logs to convert them into boards, and…

2Cases cited6 opinions

  1. Field v. HollandSupreme Court of the United States · 1810
  2. Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
  3. Berghaus v. AlterSupreme Court of Pennsylvania · 1840
  4. Speck v. CommonwealthSupreme Court of Pennsylvania · 1842
  5. Briggs v. WilliamsSupreme Court of Vermont · 1829

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Page v. WilsonSuperior Court of Pennsylvania · 1942
  2. Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
  3. Delaware Dredging Co. v. Tucker Stevedoring Co.Court of Appeals for the Third Circuit · 1928
  4. Fischbach & Moore, Inc. v. Philadelphia National BankSuperior Court of Pennsylvania · 1938
  5. Blackmore v. GranberyTennessee Supreme Court · 1897

4 more not listed; retrieve them via the Exa API.

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