McCully v. Clarke & Thaw
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case, brought in the District Court to July Term 1859, by James McCully against Thomas S. Clark and William Thaw, partners, doing business as Clark & Thaw, to recover damages for the destruction by fire of a warehouse and contents, owned by him, on Penn street, in the city of Pittsburgh, alleged to have been occasioned by the default of the defendants in “negligently and wilfully” permitting a large…
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Error to the District Court of Allegheny county. This was an action on the case, brought in the District Court to July Term 1859, by James McCully against Thomas S. Clark and William Thaw, partners, doing business as Clark & Thaw, to recover damages for the destruction by fire of a warehouse and contents, owned by him, on Penn street, in the city of Pittsburgh, alleged to have been occasioned by the default of the defendants in “negligently and wilfully” permitting a large quantity of burning coal to remain for a long time unextinguished upon their premises, immediately adjoining the wall of…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
No complaint is made of the instruction given to the jury in this case. None could be, with any shadow of reason. The charge was a clear, accurate, and comprehensive statement of the principles of law applicable to the facts of which evidence had been given. It is not alleged that it contained anything erroneous. The complaint here is, that the learned judge did not say more ; that he did not take the facts away from the jury, and instruct as matter of law that the plaintiff was entitled to recover.
The action was brought for negligence. The…
2Cited by13 opinions
- Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Arnold v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1887
- Esher v. Mineral Railroad & Mining Co.Superior Court of Pennsylvania · 1905
- Phillips v. Duquesne Traction Co.Superior Court of Pennsylvania · 1898
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