Gordon v. Hutchinson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Centre county. This was an action on the case by James B. Hutchinson against James Gordon. The defendant pleaded non assumpsit. The facts were that the defendant, being a farmer, applied at the store of the plaintiff for the hauling of gobds from Lewistown to Bellefonte, upon his return from the former place, where he was going with a load of iron. He received an order and 'loaded the goods.
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ERROR to the Common Pleas of Centre county. This was an action on the case by James B. Hutchinson against James Gordon. The defendant pleaded non assumpsit. The facts were that the defendant, being a farmer, applied at the store of the plaintiff for the hauling of gobds from Lewistown to Bellefonte, upon his return from the former place, where he was going with a load of iron. He received an order and 'loaded the goods. On the way the head came put of a hogshead of molasses, and it was wholly lost. In this action the plaintiff claimed to recover the price of it. There was much proof on the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The best definition of a common carrier in its application to the business of this country, is that which Mr Jeremy (Law of Carriers 4) has taken from Gisbourn v. Hurst, (1 Salk. 249) which was the case of one who was at first not thought to be a common carrier only because he had, for some small time before, brought cheese to London, and taken such goods as he could get to carry back into the country at a reasonable price; but the goods having been,distrained for the rent of a barn into which he had put his wagon for safe keeping, it was…
2Cited by16 opinions
- Pittsburgh, Cincinnati & St. Louis R. W. Co. v. MortonIndiana Supreme Court · 1877
- Pennsylvania Public Utility Commission v. GornishSuperior Court of Pennsylvania · 1938
- Consolidated Cigar Corp. v. CorbinSupreme Court of Pennsylvania · 1925
- Blakiston v. Davies, Turner & Co.Superior Court of Pennsylvania · 1910
- James v. Public Service CommissionSuperior Court of Pennsylvania · 1934
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