Layng v. Stewart
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. Robert Stewart against George W. Layng. This was an action on the case in which the court below thus stated the facts and charged the jury: Parsons, President.—This is an action of assumpsit, brought by the plaintiff against the defendant, for carrying between 55 and 60 hundred weight of goods from Harrisburg to Indiana, Indiana county, in this state, at the price and sum of $2.25 per 100 pounds.
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ERROR to the Common Pleas of Dauphin county. Robert Stewart against George W. Layng. This was an action on the case in which the court below thus stated the facts and charged the jury: Parsons, President.—This is an action of assumpsit, brought by the plaintiff against the defendant, for carrying between 55 and 60 hundred weight of goods from Harrisburg to Indiana, Indiana county, in this state, at the price and sum of $2.25 per 100 pounds. It appears from the evidence in the cause, that a quantity of goods were shipped from Philadelphia to this place, by David Ralston, to the care of the…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
It might be sufficient in this case to say that the errors assigned are all in matters of fact; and that they do not fairly represent what the judge said. The judge stated the facts as sworn to on each side; and, when the testimony was material, read it to the jury; and if in doing this he mistakes what a witness said, or omits the testimony of a material fact, if the counsel will respectfully state to the judge, when he has concluded his statements of the evidence, or when he has concluded his charge, and name the witness whose testimony he…
2Cases cited1 opinion
- Collins & Timberlake v. Union Transportation Co.Supreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Kroeger v. PitcairnSupreme Court of Pennsylvania · 1882
- Thomas v. SnyderSupreme Court of Pennsylvania · 1861
- Blanchard v. PageMassachusetts Supreme Judicial Court · 1857
- Beecher v. Reading Co., Pennsylvania Court of Common Pleas, Schuylkill County1935
- Pennsylvania Railroad v. Stouck-Reaser Co., Pennsylvania Court of Common Pleas, Adams County1944
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