Legal Opinion

Monongahela Bridge Co. v. Kirk

Supreme Court of Pennsylvania

Decided July 1, 1863PublishedCited by 8 opinions

Error to the District Court of Allegheny county. This was an action on the case brought by Thomas Kirk, against The President and Managers of the Monongahela Bridge Company, to recover damages for the loss of a coal-boat and its cargo, alleged to have been wrecked upon one of the piers of defendants’ bridge.

Read the full summary

Error to the District Court of Allegheny county. This was an action on the case brought by Thomas Kirk, against The President and Managers of the Monongahela Bridge Company, to recover damages for the loss of a coal-boat and its cargo, alleged to have been wrecked upon one of the piers of defendants’ bridge. The plaintiff, after reciting the incorporation of the defendants, and the erection of a bridge by them over the river Monongahela ; and that the river was at the time alleged in the narr. a common public highway, navigable for boats, rafts, and other vessels; and that the plaintiff on…

1Opinion of the Court

The opinion of the court was delivered by

Read, J.

This case must be reversed, because the answers of the court below to the 4th point of the plaintiff and to the 7th point of the defendant are contradictory, and cannot be so reconciled as to enable us to say that if one is the law the other can stand with it. The jury, therefore, had no clear and definite instruction as to the law upon a point material to the issue they were trying.

Such being the case it becomes material, as this cause must go down to be tried again, to state clearly the principles which should regulate that trial.

The Act of…

2Cases cited1 opinion

  1. Bacon v. ArthurSupreme Court of Pennsylvania · 1835

3Cited by8 opinions

  1. United States v. MackeyDistrict Court, E.D. Oklahoma · 1913
  2. Lakeside Park Co. v. ForsmarkSupreme Court of Pennsylvania · 1959
  3. In re Johnstown, Indiana & Westmoreland Turnpike Co.Superior Court of Pennsylvania · 1897
  4. Commonwealth v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1922
  5. Elwood v. City of New YorkDistrict Court, S.D. New York · 1978

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API