Lewis v. Hollahan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bucks county: Of January Term 1883, No. 412. Case, by Amy X. Ilollahan et al., widow and minor children of Michael Hollaban, deceased, against Edwin X. Lewis, Franklin P. Gowen and Stephen A. Caldwell, receivers of the Philadelphia and Reading Railroad Company, to recover damages for the death of said Michael Hollaban, through the alleged negligence of defendants in the management of their trains.
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Error to the Court of Common Pleas of Bucks county: Of January Term 1883, No. 412. Case, by Amy X. Ilollahan et al., widow and minor children of Michael Hollaban, deceased, against Edwin X. Lewis, Franklin P. Gowen and Stephen A. Caldwell, receivers of the Philadelphia and Reading Railroad Company, to recover damages for the death of said Michael Hollaban, through the alleged negligence of defendants in the management of their trains. On the trial, before Watson, P. J., the only question at issue was the extent of defendants’ liability1, the fact of their negligence being admitted. No points…
1Opinion of the CourtJustice Steeeett
The negligence of defendant below, on which the action is grounded, Avas so clearly and conclusively established that the right of plaintiffs to recover Avas conceded ; and the only question Avas as to the amount for which a verdict should be rendered.
It was contended that the damages to be recovered by the widow and children of one whose death has been caused by unlawful violence or negligence is limited by the Act of 1868 to $5,000, and in no event can the verdict 'exceed that sum. The learned judge refused to so charge, and instructed the jury that the proper measure of damages in this…
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