Hower v. Ulrich
Supreme Court of Pennsylvania
Appeal, No. 381, Jan. T., 1893, by plaintiff, A. D. Hower, from judgment of C. P. Northumberland Co., Deo. T., 1891, No. 7, on verdict for defendant, David Ulrich. Appeal from justice of peace. Plea, not guilty. At the trial, before Savidgke, P. J., it appeared that plaintiff employed defendant to cultivate his farm. Plaintiff claimed that defendant had no interest in the grain, but was to place it in plaintiff’s granary and cribs.
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Appeal, No. 381, Jan. T., 1893, by plaintiff, A. D. Hower, from judgment of C. P. Northumberland Co., Deo. T., 1891, No. 7, on verdict for defendant, David Ulrich. Appeal from justice of peace. Plea, not guilty. At the trial, before Savidgke, P. J., it appeared that plaintiff employed defendant to cultivate his farm. Plaintiff claimed that defendant had no interest in the grain, but was to place it in plaintiff’s granary and cribs. There was evidence that during the fall of 1890 defendant and his wife and children husked the corn, and that some of the family hauled a portion of it to the crib…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The learned judge instructed the jury that “ if somebody else *413carried it (the corn) away, if the children or family of the defendant, and he was not present and did not aid, abet or counsel them, of course he would not be guilty. This is an action of trespass, and the defendant must be guilty of the wrongful or tortious act himself, or have advised or assisted in some way before he can be found guilty.” This would have been entirely correct if the trial had been, as under the evidence it might well have been, on an indictment for larceny by bailee, but in a…
2Cases cited2 opinions
- McClung v. DearborneSupreme Court of Pennsylvania · 1890
- Stroll v. LevanSupreme Court of Pennsylvania · 1861
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