Spencer v. Campbell
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Centre county. William Campbell against Samuel Spencer, William Spencer, David Spencer and Aquila Spencer, trading under the firm of Samuel Spencer & Brothers.
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ERROR to the Common Pleas of Centre county. William Campbell against Samuel Spencer, William Spencer, David Spencer and Aquila Spencer, trading under the firm of Samuel Spencer & Brothers. This was an action on the case in which the plaintiff alleged that the defendants were owners and proprietors of a steam grist mill, inviting the custom of the public and for reward grinding the grain entrusted to them; that as such they were required to provide and use safe and convenient machinery for the conduct of their business, so that persons and cattle necessarily employed in conveying grists to and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Most of the exceptions before us merit but a brief notice, even under the statute which imposes on us the duty of expressing an opinion on all the points which were ruled below. First, then, the admissions of a defendant are evidence against himself even when he is jointly sued; and it is just as clear that the plaintiff in this suit could not maintain an action against either Boyle, the deponent, or Meixsell his quondam partner; with neither of whom did he stand on any relation of privity. Boyle, therefore, was disinterested. It is…
2Cited by8 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Kilbride v. Carbon Dioxide & Magnesia Co.Supreme Court of Pennsylvania · 1902
- Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
- Young v. BransfordTennessee Supreme Court · 1883
- Levendusky v. Empire Rubber Manufacturing Co.Supreme Court of New Jersey · 1913
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