O'Connor v. Clark
Supreme Court of Pennsylvania
Appeal, No. 169, July T., 1895, by defendant, from judgment of O. P. No. 2, June T., 1891, No. 89, on verdict for plaintiff. Replevin for a horse and wagon. Before Penntpacker, J. At the trial evidence for the defendant tended to show that in September, 1890, John O’Connor, who was engaged in the business of keeping wagons for hire, had in his employ George Tracy, who had formerly been in business for himself as a piano mover.
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Appeal, No. 169, July T., 1895, by defendant, from judgment of O. P. No. 2, June T., 1891, No. 89, on verdict for plaintiff. Replevin for a horse and wagon. Before Penntpacker, J. At the trial evidence for the defendant tended to show that in September, 1890, John O’Connor, who was engaged in the business of keeping wagons for hire, had in his employ George Tracy, who had formerly been in business for himself as a piano mover. At this time, O’Connor was having a wagon built, and he directed the builder to print on the wagon the words “ George Tracy, Piano Mover.” The apparent object of this…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
If there were nothing more in this case than the facts recited by the learned trial judge in the excerpt from his charge quoted in the first specification of error, the instructions therein given to the jury to find for the plaintiff, if they believed the testimony, would be substantially correct. The only facts of which this instruction is predicated are, (1) that the wagon in question ivas the property of John O’Connor the original plaintiff, and (2) that Tracy, without his permission, took it and sold it or attempted to sell it to the defendant as his…
2Cases cited1 opinion
- Barnard v. . CampbellNew York Court of Appeals · 1874
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