Wilkinson v. Evans
Supreme Court of Pennsylvania
Appeal, No. 80, April T., 1907, by defendants, from judgment of C. P. Butler Co., Sept. T., 1904, No. 71, on verdict for plaintiffs in case of Thomas Wilkinson and Isabella Wilkinson v. Evan Evans, Charles K. Lapham, J. W. Brown, John Younkins, Daniel Younkins, J. C. Atwell, J. Y. Ritts, Thomas Hays, F. F. Altenberg, F. H. Murphy, Harry T. Rattigan, H. C. Litzinger, Francis Murphy, N. E. English, E. C. Hanniston, partners, doing business as the Evans Manufacturing Company,…
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Appeal, No. 80, April T., 1907, by defendants, from judgment of C. P. Butler Co., Sept. T., 1904, No. 71, on verdict for plaintiffs in case of Thomas Wilkinson and Isabella Wilkinson v. Evan Evans, Charles K. Lapham, J. W. Brown, John Younkins, Daniel Younkins, J. C. Atwell, J. Y. Ritts, Thomas Hays, F. F. Altenberg, F. H. Murphy, Harry T. Rattigan, H. C. Litzinger, Francis Murphy, N. E. English, E. C. Hanniston, partners, doing business as the Evans Manufacturing Company, Limited. Trespass to recover damages for death of plaintiffs’ son. The opinion of the Superior Court states the facts.…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant objects to the judgment in this case on two *475grounds : (1) that the action is against the individual members of the joint-stock company and that a judgment against the company can]]ot be sustained; (2) that there is no evidence of the defendant’s negligence. The assignments of error cover these propositions.
The praecipe and declaration name the stockholders of the company defendant, but an examination of the declaration shows that the proceeding is against the company' and not against the individuals. The names of the shareholders might well have been…
2Cases cited2 opinions
- Finnerty v. BurnhamSupreme Court of Pennsylvania · 1903
- Newton v. Vulcan Iron WorksSupreme Court of Pennsylvania · 1901
3Cited by1 opinion
- Hamilton v. EdwardsSuperior Court of Pennsylvania · 1914