Thompson v. Delaware, Lackawanna & Western Railroad
Superior Court of Pennsylvania
Appeal, No. 69, Oct. T., 1909, by defendant, from judgment of O. P. Wyoming Co., Oct. T., 1907, No. 51, on verdict for plaintiff in case of Mary Thompson v. The Delaware, Lackawanna & Western Railroad Company. Trespass' to recover damages for death of an illegitimate child seven years old. Before Terry, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $779. Defendant appealed.
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Appeal, No. 69, Oct. T., 1909, by defendant, from judgment of O. P. Wyoming Co., Oct. T., 1907, No. 51, on verdict for plaintiff in case of Mary Thompson v. The Delaware, Lackawanna & Western Railroad Company. Trespass' to recover damages for death of an illegitimate child seven years old. Before Terry, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $779. Defendant appealed. Error assigned was in refusing to give binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff recovered a verdict of $779, as damages for *619the alleged negligent killing of her son, aged seven years. The questions involved are, first, the right of a mother of an illegitimate child to recover for injuries sustained by the child resulting in his death, and, second, the question of contributory negligence, which may be first considered and dismissed as without having any merit. This latter branch of the Case depended upon controverted facts, and the testimony was of such a character, that under authority of Jones v. Traction Co., 201 Pa. 344; Saxton v.…
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- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
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