Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-05

In the Supreme Court yesterday the fol-
lowing opinions were handed down:
In the case of Fleming VS. the Common
wealth, error to Quarter Sessions of Mercer
county, Justice Green filed an opinion in
which he cites the case of Gabrach VS. the
Commonwealth, an indictment for selling
liquor without a license. wherein it was held
that orders were sent by an agent and the
goods shipped to the person ordering, and
was therefore no violation of the liquor
laws, The same thing holds good in the
present case. The orders were sent by the
purchasers themselves and the goods shipped
into Mercer county, a place without license.
1t was no violation of the law, and the
Judgment of the lower court is reversed.
The goods were sent by special request of
the purchaser c. o. d., which wss done, and
there was an utter absence of criminal intent
in the transaction As the defendant
had license the sale was made at his place of
business, and both the sale and delivery were
made within the territory covered by the
license. So far as the criminal law is con-
cerned it is only an actual sale without license
that is prohibited. The judgment of the court
of Mercer county is therefore reversed and the
defendant discharged.
Justices Williams Clark and MeCollum filed
dissenting opinions, and stated that the sending
of the goods C. o. d. made the carrier his agent
and the transaction, taken on principle and
authority, was sale and delivery in Mercer
county, and not at Pittsburg.
SELLER MUST KNOW THE BUYER.
The Justices hold that, in shipping the goods
Fleming did not know whether he was selling
to minor. habitual drunkard or lu1atic.
The law requires that he should know to whom
he is selling. He has no right to break faith
with the law and to retail liquor in small pack
ages without knowing the age habit sanity
or condition of the purchaser when the sale is
cOnsummated.
Justice Mitchell handed down an opinion in
the case of the Howard Insurance Company VS.
Hooking error to Common Pleas of Somerset
county. Hooking had his place insured with
the Hartford company, and it was burnt down.
He entered suit and secured a verdict. The
case was appealed and contract shown in
which Hooking bound himself in case of fire to
put in his claim within year. This he failed
to do. Justice Williams holds that this contract
was binding and says:
1t may be hard for the plaintiff to lose his
case this single point after an apparent
victory on the merits, but his agreement is eX-
plicit and unavoidable, and to sustain this sec
Tion IN the face of 1t would be to substitute
new contract for the one which the parties
have lawfully made for themselves. This is
not the duty or the province of the Court.
Justice Mitchell handed down opinion in
the case of the Citizens Natural Gas Company
VS. Richards, error to Common Pleas of Beaver.
The suit was On the payment OF money for the
purchase of land, and the lower court allowed
interest on the money. This, the Justice de-
cides was wrong, and he reduced the verdict to
$780,
In the case of the borough of Sandy Lake VS.
Forzer error to Common Pleas of Mercer coun-
ty, Justice Green handed down opinion re-
Fersing the Judgment of the lower court. The
case was for damages for falling from plank
sidewalk over stream. The Justice claims that
FOrker knew the walk well, and was himself
guilty Of eOntributory negligence.
NEW TRIAL AWARDED.
Justice Clark filed an opinion awarding new
trial in the case of the School District of War
saw township VS. the Sidney School Furniture
Company. The dispute was over the purchase
of school furniture which was not according to
contract.
A per curiam opinion was filed in the case of
the Pittsburg and Western Railway VS. Andrew
McComb, error, to Common Pleas Of Butler
county. The suit was one for damages result
ing from an accident. The judgment of the
lower court was affirmed.
Decis ons were also fled by Justice Sterrett
in the following cases: Appeal of the Pittsburg
and Western Railroad IRON the Quarter Ses-
siOns Of Butl r. quashed. John F. Sweeney VS.
the Ten MIs Oh and Gas Company, Common
Pleas Washington county, affirmed. Patter-
SOM .aapeal error of Common Pleas Lacka-
wanna, decree affirmed Mary {. Lloyd VS.
Sarah E. Mitchell error Common Pleas Indi-
ana, affirmed
Justice Williams: Dick VS. Williams, error to
Common Pleas Westmoreland county, reversed.
Miller ct al VS. Chester Slate Company error
Common Pleas Northampton, affirmed.
r justice Clark: A. J. Haws VS. st. Paul Fire
and Marine Insurance Company, error Common
Pleas Mercer, affirmed. {. c. Dufield VS. F.
p. Hue ct al, error to Common Pleas Warren |
county, affirmed Keller Bush VS. Peter Nc
Cauley, error to Common Pleas Jefferson
county, reversed; new trial ordered.
Justice Mitchell: Parry VS. Parry, error to |
Common Pleas Greene, affirmed. Feeley VS.. |
Hoover, error to Common Pleas Clarion, re-
varsad