Miller v. Bruff
Superior Court of Pennsylvania
Appeal, No. 128, April T., 1916, by plaintiff, from judgment of C. P. Allegheny Co., Jan. T., 1915, No. 1251, on verdict for defendant in case of Charles F. Miller v. Judd H. Bruff. Assumpsit against the sheriff by a watchman to recover wages. Before Evans, J. At the trial plaintiff claimed that he had been employed by the sheriff’s chief deputy to act as a watchman over goods levied upon under a fi. fa.
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Appeal, No. 128, April T., 1916, by plaintiff, from judgment of C. P. Allegheny Co., Jan. T., 1915, No. 1251, on verdict for defendant in case of Charles F. Miller v. Judd H. Bruff. Assumpsit against the sheriff by a watchman to recover wages. Before Evans, J. At the trial plaintiff claimed that he had been employed by the sheriff’s chief deputy to act as a watchman over goods levied upon under a fi. fa. The defendant claimed that plaintiff was employed by the plaintiff in the execution. The' plaintiff testified that after his employment he met the sheriff, and the latter said to him, “Well,…
1Opinion of the Court
Opinion by
Henderson, J.,
Two questions were presented to the jury in the charge of the court: (1) Did the defendant’s chief deputy em*179ploy the plaintiff as watchman? (2) Was it the custom of the office that the chief deputy employ the watchman on hehalf of the sheriff, and had that practice gone on so long and so universally that the sheriff knew it or must have known it and by his silence ratified it? The jury having found in favor of the defendant it is unnecessary to consider whether there was evidence which was sufficient to establish the custom alleged to have existed and which was relied…
2Cases cited6 opinions
- Zoebisch v. Rauch, Pennsylvania Court of Common Pleas, Northampton County1890
- Pittsburgh & Steubenville Railroad v. GazzamSupreme Court of Pennsylvania · 1858
- Paxton v. SteckelSupreme Court of Pennsylvania · 1845
- Thrall v. WilsonSuperior Court of Pennsylvania · 1901
- Dreisbach v. Mechanics' National BankSupreme Court of Pennsylvania · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- American Wrecking Co. v. McManusWisconsin Supreme Court · 1921