Rodgers v. Stophel
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana county. This was an action on the case by Thomas Stophel against Henry Rodgers, for negligence in taking care of a quantity of lumber intrusted to him, as a wharfinger, whereby it was lost to the plaintiff. Henry Rodgers, the defendant, was the owner of a piece of ground adjoining the Pennsylvania Canal, in the village of Nineveh, Indiana county.
Read the full summary
Error to the Common Pleas of Indiana county. This was an action on the case by Thomas Stophel against Henry Rodgers, for negligence in taking care of a quantity of lumber intrusted to him, as a wharfinger, whereby it was lost to the plaintiff. Henry Rodgers, the defendant, was the owner of a piece of ground adjoining the Pennsylvania Canal, in the village of Nineveh, Indiana county. Persons in the neighbourhood had been in the habit of using it as a place of deposit for lumber, intended to be shipped by the canal. The defendant, desiring to be remunerated for the use of his ground, gave…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
The plaintiff below sought to charge the defendant there as bailee. The character of the bailment, if any, was a question in issue before the court on the trial. The first error assigned here is, the admission of the testimony of the witnesses Dill and Duncan; and, although it is not as specific as the rule of court requires, and might for that cause alone be passed without notice, yet it has received due consideration.
The rules of evidence having their foundation in common sense, are in some respects subservient to the general interests…
2Cases cited3 opinions
- Gordon v. HutchinsonSupreme Court of Pennsylvania · 1841
- Hazelett v. FordSupreme Court of Pennsylvania · 1840
- Gamber v. WolaverSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Schell v. Miller North Broad Storage Co.Superior Court of Pennsylvania · 1944
- The M. L. C. No. 10Court of Appeals for the Second Circuit · 1926
- Jacobs v. Mohnton Trust Co.Supreme Court of Pennsylvania · 1930
- Furman v. Hill, Pennsylvania Court of Common Pleas, Berks County1922
- Smedley v. Hipple, Pennsylvania Court of Common Pleas, Delaware County1935