Franks v. Stivers

Pennsylvania Court of Common Pleas, Alleghany County

Decided December 15, 1792

Pennsylvania Court of Common Pleas, Alleghany County · decided 1792-12-15

THIS was an action of Trover for three barrels of spirits, and one of sherry wine. The case was thus. Stivers, a waggoner, undertook, at Philadelphia, to carry these and other goods from Philadelphia to the mouth of Buffaloe, on the Ohio, at a certain place ; received part of the money at Philadelphia, and was to receive the rest on the delivery of the goods to N. M'Farlane, at the mouth of Buffaloe.

Decided 1792-12-15

President.

¶1As it is admitted, that there ought to be a verdict against the defendant for the surplus; as the want of this is the only real damage, which the plaintiff has suffered ; and as the sale was occasioned by his own gross delinquency ; this does not seem to be a case proper for damages beyond mere compensation ; and it is therefore unecessary for us, to say any thing as to the right of carriers, in such cases; and perhaps, it will conduce most to justice, if they and owners, have a respect for the rights of each other.

¶2Verdict for plaintiff accordingly.