Roberts v. Swift

Decided January 15, 1793

Supreme Court of Pennsylvania · decided 1793-01-15

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.

Cited by 2 later decisions (1 by the Supreme Court) — most recently May 1982

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1793-01-15

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Per curiam.

¶1We 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.

¶2If 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.

¶3The damages are liberal, but not so outrageous as to justify the interposition of the court, in ordering a new trial. The * plaintiff, in the case before us, appears to have suffered r*oi £5 greatly, and to have been hardly dealt with by the tes- ^ tor.

¶4Motion for a new trial denied, and per tot. cur.

¶5Judgment pro querente.