Legal Opinion

Roberts v. Swift

Supreme Court of Pennsylvania

Decided January 15, 1793PublishedCited by 15 opinions

Motion for a new trial, on the following statement of facts made by Mr. Justice Shippen, before whom and Mr. Justice Bradford, the cause was tried at the last October assizes for Bucks county. This was an action of assumpsit. Pleas non assumpsit and payment. The plaintiff’s demand consisted of two parts, ist. Eor wages for fifteen years service in the testators’ family. 2d. For an annuity of 30I. per year during her 'life, on a supposed express promise from the testator.

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Motion for a new trial, on the following statement of facts made by Mr. Justice Shippen, before whom and Mr. Justice Bradford, the cause was tried at the last October assizes for Bucks county. This was an action of assumpsit. Pleas non assumpsit and payment. The plaintiff’s demand consisted of two parts, ist. Eor wages for fifteen years service in the testators’ family. 2d. For an annuity of 30I. per year during her 'life, on a supposed express promise from the testator. In support of the plaintiffs’ demand, it appeared in evidence, or was admitted, that she was the niece of Mrs. Kidd, the…

1Per curiam

We are all fully satisfied, that the direction of the judges was founded on sound law, and they very properly and fairly left the question “of request” to the jury under all the circumstances. In such a case, very slender testimony would satisfy ingenuous minds. It was a case of great hardship.

If the jury were satisfied from the whole of the evidence, that the services were done at the request of the testator, no matter what the plaintiff’s expectations were, the action may well be supported. The exception to the general rule is well marked in i Espin. 87, 88.

The damages are liberal, but not…

2Cited by15 opinions

  1. New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
  2. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  3. McRae v. McRaeNew York Surrogate's Court · 1855
  4. Thompson v. StevensSupreme Court of Pennsylvania · 1872
  5. Tucker v. TuckerColorado Court of Appeals · 1912

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