Logan v. Mathews
Supreme Court of Pennsylvania
In error from the Common Pleas of Allegheny county. Sept. 22. Assumpsit for the damages done to a horse and buggy, hired by Mathews to Logan, with a count on a promise to, pay for the damage to the buggy. The plaintiff’s evidence proved the hiring on Sunday morning; ' and that at night the buggy was brought back by the defendant very much broken.
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In error from the Common Pleas of Allegheny county. Sept. 22. Assumpsit for the damages done to a horse and buggy, hired by Mathews to Logan, with a count on a promise to, pay for the damage to the buggy. The plaintiff’s evidence proved the hiring on Sunday morning; ' and that at night the buggy was brought back by the defendant very much broken. It was taken to the coach-maker’s, who testified that the parties came there together; and defendant said he had broken it; it fell off a bridge, and the horse fell on top of it; and that he -would pay for the repairs. The defendant gave evidence…
1Opinion of the CourtCoulter, J.
The plaintiff in error alleges that the court did not answer his first proposition; and whether they did or not was the question principally argued at the bar.
But the point seems to be substantially answered by the observations of the court to the jury; and in such manner as that they could hardly have failed to understand the court as instructing them that it' was necessary for the plaintiff to prove that the buggy was broken in consequence of the negligence of the defendant. The charge, though brief, is somewhat overloaded with generalities on the law of bailment, which have no immediate…
2Cases cited2 opinions
- Perkins v. GaySupreme Court of Pennsylvania · 1817
- Otis v. WatkinsSupreme Court of the United States · 1815
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- Schell v. Miller North Broad Storage Co.Superior Court of Pennsylvania · 1940
- Woodruff v. Painter & EldridgeSupreme Court of Pennsylvania · 1892
- Prettyman v. Hopkins Motor Co.West Virginia Supreme Court · 1954
- Bryant v. BryantSupreme Court of Pennsylvania · 1928
- Baione v. HeaveySuperior Court of Pennsylvania · 1931
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