Winings v. Hearst
Superior Court of Pennsylvania
Appeal, No. 165, Oct. T., 1900, by plaintiff, from order of C. P. McKean County, Dec. T., 1897, No. 4, refusing to take off nonsuit in case of J. E. Winings v. William Hearst, Administrator of Rebecca Hearst. Assumpsit for services rendered decedent.
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Appeal, No. 165, Oct. T., 1900, by plaintiff, from order of C. P. McKean County, Dec. T., 1897, No. 4, refusing to take off nonsuit in case of J. E. Winings v. William Hearst, Administrator of Rebecca Hearst. Assumpsit for services rendered decedent. Before Morrison, J. At the trial it appeared that the plaintiff, who was a laboring man with a wife and two children, rented from the decedent, Rebecca Hearst, a small house in which Mrs. Hearst reserved two rooms for her own use. Plaintiff claimed for board furnished to decedent, and for certain services and necessary expenses rendered and…
1Opinion of the Court
Opinion by
Orlady, J.,
This action was brought against the administrator of Rebecca Hearst to recover on an implied contract for services rendered to the decedent and for feed etc., furnished to her stock. On *317the trial the wife of the plaintiff was offered as a witness for the purpose of showing a contract prior to the death of Rebecca Hearst and to rebut all presumption that the services were rendered gratuitously. An objection being made by the defendant, her evidence was excluded. The plaintiff was himself incompetent, not only under the words and settled policy of the statute, but as a…
2Cases cited16 opinions
- Carpenter v. HaysSupreme Court of Pennsylvania · 1893
- Bitner v. Boone, Pennsylvania Court of Common Pleas, Lancaster County1889
- Lewis's EstateSupreme Court of Pennsylvania · 1893
- Sutherland v. RossSupreme Court of Pennsylvania · 1891
- Curry v. CurrySupreme Court of Pennsylvania · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Italo French Produce Co. v. ThomasSuperior Court of Pennsylvania · 1905