Elkins v. Winlack

Citations

• 10 Pa. Super. 612
• 1899 Pa. Super. LEXIS 330

Syllabus

<p>• Negligence — Question for jury.</p> <p>Where the injury complained of manifestly resulted from the negligence of either the plaintiff or defendant, the burden of determining the liability for the incident loss is properly for the jury, and having been left to them in a fair and adequate charge, the appellate court will not disturb the verdict.</p> <p>Lumbering — Boats attached to moored raft.</p> <p>A raft, having been moored to the shore by plaintiffs, broke loose after defendant’s raft had been moored to it. Held, that plaintiffs had the right to moor their raft to the shore and defendant to tie up his raft to the shore raft, and that the liability for any loss must be determined by the jury dependent on whether the loss was incident to the raft breaking loose by reason of its own lines being defective, or by the negligent conduct of the defendant in the manner in which he tied up his raft to that of plaintiffs.</p>