David v. Moore
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. W. David against S. Moore, W. Colder, and J. Ottinger. This was an action to recover the value of a trunk and its contents cut from the stage of the defendants, in which the plaintiff was a passenger from Chambersburg to Pittsburgh. The only question in the cause was, whether the plaintiff was a competent witness to prove that he had the sum of $75 in his trunk when it was taken.
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ERROR to the District Court of Allegheny county. W. David against S. Moore, W. Colder, and J. Ottinger. This was an action to recover the value of a trunk and its contents cut from the stage of the defendants, in which the plaintiff was a passenger from Chambersburg to Pittsburgh. The only question in the cause was, whether the plaintiff was a competent witness to prove that he had the sum of $75 in his trunk when it was taken. Greer, President, was of opinion that the witness was competent only to prove the amount and value of his baggage in the trunk, and not the money, and directed a…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The plaintiff was a passenger in defendants’ stage, on his way from Philadelphia to Pittsburgh, — showed a receipt for payment of his passage, proved that his trunk was put into the boot of the stage at Chambersburg. After driving all night, on the arrival of the stage at Bedford, the straps of the boot were found to be unbuckled, and plaintiff’s trunk gone. The damages laid were, for trunk and clothing $86, in bank-notes $75. The proof of the contents of the trunk was the oath of the owner.
The jury found for trunk and clothing $50; and by…
2Cited by2 opinions
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