M'Call v. Forsyth
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. John Forsyth brought this action on the case against William M’Call, Abraham Horbach, Samuel Reisher, James Spratt and Samuel Elder, to recover damages for an injury done to him by the upsetting of the defendants’ stage.. M’Call and Horbach were alone served with process, and for them alone was there any appearance or plea.
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ERROR to the District Court of Allegheny county. John Forsyth brought this action on the case against William M’Call, Abraham Horbach, Samuel Reisher, James Spratt and Samuel Elder, to recover damages for an injury done to him by the upsetting of the defendants’ stage.. M’Call and Horbach were alone served with process, and for them alone was there any appearance or plea. The defendants took the ground that the plaintiff could not recover unless he proved that all the defendants sued were partners or part owners of the stage in which the plaintiff received the injury alleged in his…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— We affirm this judgment on the authority of the case of Brotherton and others, (7 Eng. Com. Law Rep. 343, 2 Brod. & Bing. 54); Ansell v. Waterhouse, (18 Eng. Com. Law Rep. 227, 2 Chitty 1); Bank of Orange v. Brown, (3 Wend. 158); to which may be added Zell v. Arnold, (2 Penn. Rep. 297). Chief Justice Savage, in The Bank of Orange v. Brown, (3 Wend. 158), reviews all tne authorities which bear on the question, and comes to the conclusion (in which we concur) that the true rule is, that an action solely on the custom is an action of tort;…
2Cases cited1 opinion
- Bank of Orange v. BrownNew York Supreme Court · 1829
3Cited by14 opinions
- Griffith v. United Air Lines, Inc.Supreme Court of Pennsylvania · 1964
- Reeside's v. ReesideSupreme Court of Pennsylvania · 1865
- Cowan v. NagelSuperior Court of Pennsylvania · 1925
- Anthony v. Louisville & N. R. Co.U.S. Circuit Court for the District of Eastern Missouri · 1886
- Howard v. American Express Co.Superior Court of Pennsylvania · 1911
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