Legal Opinion

Brown v. Lynn

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 5 opinions

Error to the District Court of Allegheny eounty. This was an action on the case by James Lynn against William H. Brown, for carelessly, negligently, and unskilfully mooring certain coal barges of the defendant in the current of the Monongahela river, above a certain flat-boat of the plaintiff, by reason whereof the said barges were forced from their moorings, and driven by the current against the plaintiff’s flat-boat, which, with its cargo, was sunk and destroyed.

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Error to the District Court of Allegheny eounty. This was an action on the case by James Lynn against William H. Brown, for carelessly, negligently, and unskilfully mooring certain coal barges of the defendant in the current of the Monongahela river, above a certain flat-boat of the plaintiff, by reason whereof the said barges were forced from their moorings, and driven by the current against the plaintiff’s flat-boat, which, with its cargo, was sunk and destroyed. The defendant pleaded not guilty. In the latter part of 1854, certain barges belonging to William II. Brown, the defendant, were…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

The offer of the evidence, contained in the bill of exceptions of the plaintiff in error, was properly rejected. And not only for the reason assigned by the court, but because it was not relevant. One trespass, even if it amounted to this, would not justify another; and the testimony, if it had been admitted, could have had no operation, unless this rule were reversed. Indeed, the reasoning for the position contended for, necessarily maintained the principle that, the defendant, on account of the alleged trespass of the plaintiff in…

2Cited by5 opinions

  1. Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
  2. Lewis v. WoodSupreme Court of Pennsylvania · 1915
  3. Yeager v. Winton Motor Carriage Co.Superior Court of Pennsylvania · 1913
  4. Templeton v. City of WellingtonCourt of Appeals of Texas · 1918
  5. Preston v. Pilch, Pennsylvania Court of Common Pleas, Washington County1922

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