Hunt v. Wynn
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. John Wynn against W. B. & T. Hunt. This action originated before a justice of the peace, from whose judgment the defendants appealed.
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ERROR to the common pleas of Dauphin county. John Wynn against W. B. & T. Hunt. This action originated before a justice of the peace, from whose judgment the defendants appealed. In court, the plaintiff filed a declaration containing two counts: the first charged the defendants with having received as common carriers in Philadelphia, goods to be delivered at Harrisburg, which they carried so negligently and carelessly that the same were lost, &c.; and the second charged the defendants generally with not having delivered the goods according to their engagement. The defendants’ counsel…
1Per curiam
In Weall v. King, 12 East 452, it was held,that an action on the case, alleging a deceit by "means of a warranty, though laid in tort, is founded in contract. But Powell v. Layton, 2 N. R. 365, is the specific case before the court. To an action on the case in the form of a tort against a common carrier, the defendant successfully pleaded in abatement the non-joinder of his partners, which he could not have done had the action not been founded in contract. The word “ suscepit” was not in the declaration, and the word “duty” was in’its place; but the chief justice, delivering the opinion of…
2Cited by10 opinions
- Frink v. PotterIllinois Supreme Court · 1856
- Zell v. DunkleSupreme Court of Pennsylvania · 1893
- Reeside's v. ReesideSupreme Court of Pennsylvania · 1865
- Seitzinger v. SteinbergerSupreme Court of Pennsylvania · 1849
- Smith v. SewardSupreme Court of Pennsylvania · 1846
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