[Download] "Pierre Claude Piquignot, Plaintiff in Error v. the Pennsylvania Railroad Company" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Pierre Claude Piquignot, Plaintiff in Error v. the Pennsylvania Railroad Company
- Author : United States Supreme Court
- Release Date : January 01, 1853
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The caption of this suit, and the declaration, describe the plaintiff as a citizen of France, but contain no averment as to the citizenship of the defendant. Nor does it state whether 'The Pennsylvania Railroad Company' is a corporation or a private association, or the name of an individual. The declaration avers that the defendants are transporters of emigrants for hire, and undertook to convey the plaintiff and his wife from Philadelphia to Pittsburg, but did it in such a negligent and careless manner that his wife was frozen to death on her passage. The defendant pleaded in abatement, another action pending for the same cause of action between the same parties, in the District Court of Alleghany county. To this plea the plaintiff demurred; and the court gave 'judgment upon the demurrer in favor of the defendants.' Whereupon the plaintiff brought this writ of error. The question raised by the plea in abatement, in this case, is one of considerable importance, and on which there is some conflict of opinion and decision, but the judgment of the court below on the plea is not subject to our revision on a writ of error.