Miller v. Browarsky
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 44 October Term 1889, Sup; Ct.; court below, No. 517 January Term 1887, C. P. No. 2. On December 24, 1886, William H. Miller brought trover against Hyman Browarsky, for certain whiskey in the possession of the defendant. The defendant pleaded, not guilty.
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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 44 October Term 1889, Sup; Ct.; court below, No. 517 January Term 1887, C. P. No. 2. On December 24, 1886, William H. Miller brought trover against Hyman Browarsky, for certain whiskey in the possession of the defendant. The defendant pleaded, not guilty. On October 6, 1887, by agreement of parties, the cause was submitted to Mr. JR. B. Petty, as referee, under the provisions of the act of May 14,1874, P. L. 166, who, on August 8, 1888, filed his report, which after stating the evidence, proceeded: From the…
1Opinion of the Court
Pee Curiam:
This case does not require extended discussion. The learned referee has given sufficient reasons for his findings. It is clear that but for plaintiff’s laches Jones would not have been able to sell the whiskey the second time; and the rule is well established that, where one of two innocent persons must suffer a loss, such loss must be borne by the person, whose neglect was the occasion of it. The plaintiff left the whiskey absolutely under the control of Jones, when, by reasonable caution, he could have placed it beyond his power to re-sell it. The defendant was a good-faith…
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- McKee, Tr. v. WardSupreme Court of Pennsylvania · 1927
- Truck Tractor & Forwarding Co. v. BakerSupreme Court of Pennsylvania · 1924
- In re Miller Pure Rye Distilling Co.District Court, E.D. Pennsylvania · 1910
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