Berrill v. Smith
Pennsylvania Court of Common Pleas, Philadelphia County
THIS case was called for trial before Judge Stroud and a jury. It was an action brought for the hire of certain horses by the plaintiff to the defendant.
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THIS case was called for trial before Judge Stroud and a jury. It was an action brought for the hire of certain horses by the plaintiff to the defendant. On the trial of the cause, after the plaintiff’s evidence had been heard, the judge directed a nonsuit to be entered, under the act of 11 March, 1836. The points ruled by the judge were as follows, viz.: “ 1. That a contract made on a Sunday for the hire of horses, to be used on an excursion of pleasure on that or any other day, was void. “ 2. That a contract made on a Saturday for the hire of horses, to be used on Sunday on an excursion of…
1Opinion of the Court
Per Curiam.—
This rule must be discharged. It is not necessary to determine whether the contracts on which the questions in this case arise were void at common law or under the statute of 29 Car. 2, c. 71, sect. 1. Many nice distinctions have been drawn as to contracts for “ worldly business or employment” on a Sunday, both in England, under the statute, and in this state, under the act of 22d April, 1794 (Stroud's Purd. tit. Sunday). The latter act is more comprehensive than the English statute, for, in addition to its prohibition of “ worldly employment or business, it makes penal the…
2Cases cited2 opinions
- Kepner v. KeeferSupreme Court of Pennsylvania · 1837
- Peaceable v. EasonSupreme Court of Pennsylvania · 1804
3Cited by6 opinions
- Tucker v. WestSupreme Court of Arkansas · 1874
- Stewart v. DavisSupreme Court of Arkansas · 1876
- Gregg v. WymanMassachusetts Supreme Judicial Court · 1849
- Parker v. LatnerSupreme Judicial Court of Maine · 1872
- Bloom v. RichardsOhio Supreme Court · 1853
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