Whitesell v. Crane
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northampton county. This was an action brought by Franklin L. Crane against Andrew Whitesell and others, to recover the value of a trunk and its contents. It appeared that, in October 1838, the plaintiff and wife took passage from Philadelphia to Easton, the residence of the plaintiff, in a stage-coach of the defendants. Their baggage, consisting of one trunk, was placed in the boot, which was securely fastened.
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ERROR to the Common Pleas of Northampton county. This was an action brought by Franklin L. Crane against Andrew Whitesell and others, to recover the value of a trunk and its contents. It appeared that, in October 1838, the plaintiff and wife took passage from Philadelphia to Easton, the residence of the plaintiff, in a stage-coach of the defendants. Their baggage, consisting of one trunk, was placed in the boot, which was securely fastened. On their arrival at Doylestown the trunk was gone, and from the evidence it would seem to have been stolen. 1. The plaintiff, Ci'ane, was offered to prove…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
On the ground of necessity, the plaintiff was competent not only to specify the articles contained in the trunk, but to prove the value of them. Book entries by the party’s own hand are evidence, not only of sale and delivery, but also of price, which is a part of the contract. Originally such entries were allowed to prove, perhaps, no more than delivery; but experience induced the courts to go further. Yet the value of merchandise, bearing, as it does, a determinate price in the market, might be more readily estimated from description…
2Cited by7 opinions
- Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Mish v. WoodSupreme Court of Pennsylvania · 1859
- Williams v. Central RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Hull v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Patterson v. Union Transfer Co.Superior Court of Pennsylvania · 1925
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