Hoodmacher v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 118, Jan. T., 1906, by defendant, from judgment of O. P. Luzerne Co., May T., 1902, No. 762, on verdict for plaintiff in case of Mary E. Hoodmacher and Florence M. Hoodmacher, widow and minor child of George B. Hoodinacher, v. Lehigh Valley Railroad Company. Trespass to recover damages for death of plaintiff’s husband.
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Appeal, No. 118, Jan. T., 1906, by defendant, from judgment of O. P. Luzerne Co., May T., 1902, No. 762, on verdict for plaintiff in case of Mary E. Hoodmacher and Florence M. Hoodmacher, widow and minor child of George B. Hoodinacher, v. Lehigh Valley Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Halsey, J. At the trial it appeared that the deceased, a flagman, was injured by an explosion of a locomotive belonging to the defendant, at Bloomsbury, New Jersey, on May 15, 1901. The evidence tended to show that the company had failed properly to inspect…
1Opinion of the Court
Opinion bt
Me. Chief Justice Mitchell,
This case is ruled by Usher v. West Jersey R. R. Co., 126 Pa. 206, in which it was held that an action for damages for injuries causing death, being entirely statutory, must be brought by the person to. whom the right is given by the statutes of the state where the cause of action arose. In the syllabus of that case, the expression is that the action must be brought by the person to whom the right is given by the statutes of the “ state where the injuries were inflicted.” For the facts in that case the expression is entirely accurate, for the injuries and…
2Cases cited2 opinions
- Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
- Derr v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1893
3Cited by11 opinions
- Centofanti v. Penna. R. R.Supreme Court of Pennsylvania · 1914
- Howard v. Bell Telephone Co.Supreme Court of Pennsylvania · 1932
- Emert v. Larami Corp.Supreme Court of Pennsylvania · 1964
- Mike v. LianSupreme Court of Pennsylvania · 1936
- KIRBY v. CarlisleSuperior Court of Pennsylvania · 1955
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