Legal Opinion

Huey v. Gahlenbeck

Supreme Court of Pennsylvania

Decided October 1, 1888No. 244PublishedCited by 22 opinions

ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 244 January Term 1888, Sup. Ct.,- court below, No. 255 March Term 1886, C. P. No. 1. On March 81, 1886, an action in case was begun by August Gahlenbeck against William G. Huey, to recover damages for personal injuries received.

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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 244 January Term 1888, Sup. Ct.,- court below, No. 255 March Term 1886, C. P. No. 1. On March 81, 1886, an action in case was begun by August Gahlenbeck against William G. Huey, to recover damages for personal injuries received. The declaration set out that the defendant was the owner or lessee of premises Nos. 1916 and 1918 Market, where he carried on the business of storing goods for the 'public for hire and reward; that it was his duty to observe due care in piling, keeping and maintaining said goods and not to permit the…

1Opinion of the Court

Opinion,

Mr. Justice Paxson:

The fifth assignment of error raises the only question I propose to discuss in this case. The defendant’s fifth point called upon the court to instruct the jury that “ under the facts proved in this case the verdict should be for the defendant.” The court refused to affirm this point. The result was a verdict against the defendant for $2,000 without a particle of proof to convict him of negligence.

The defendant below had a place of business where merchandise and other property is received for storage purposes. The plaintiff had a number of boxes and trunks there on…

2Cases cited1 opinion

  1. Lake Shore & Michigan Southern Railway Co. v. RosenzweigSupreme Court of Pennsylvania · 1886

3Cited by22 opinions

  1. Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
  2. Markman v. Fred P. Bell Stores Co.Supreme Court of Pennsylvania · 1925
  3. Chapman v. ClothierSupreme Court of Pennsylvania · 1922
  4. F. W. Woolworth Co. v. EricksonSupreme Court of Alabama · 1930
  5. Boyd v. Portland Electric Co.Oregon Supreme Court · 1902

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