Hays v. Millar
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: Of October and November Term 1869, No. 67. This was an action brought to July Term 1868, of the court below, by Alexander Millar and others, partners as A. Millar & Co., against Henry B. Hays and others, partners as the “ Hays Coal Company.” The action ivas to recover compensation for towing coal barges of defendants from Pittsburg to Louisville, by the tow-boat “ Dart,” belonging to plaintiffs.
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Error to the District Court of Allegheny county: Of October and November Term 1869, No. 67. This was an action brought to July Term 1868, of the court below, by Alexander Millar and others, partners as A. Millar & Co., against Henry B. Hays and others, partners as the “ Hays Coal Company.” The action ivas to recover compensation for towing coal barges of defendants from Pittsburg to Louisville, by the tow-boat “ Dart,” belonging to plaintiffs. The defendants pleaded “Non assumpsit, set-off and payment with leave,” &c. Whilst proceeding on the voyage with six coal barges of the defendants, the…
1Opinion of the CourtJustice Sharswood
The plaintiffs in the court below were the owners of a steam towboat called the “Dart,” and they brought this action to recover the amount due to them for towing three barges laden with coal, from Pittsburg to Louisville, down the Ohio river. Their demand was not controverted, but the defendants, under the pleas of set-off and payment, made a counter-claim on the plaintiffs for damages alleged to have been suffered by them from the loss of three other coal barges, which the plaintiffs had undertaken to tow at the same time, and which-were wrecked and sunk by the negligence of the plaintiffs…
2Cases cited3 opinions
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