McArdle v. Pittsburg Railways Co.
Superior Court of Pennsylvania
Appeal, No. 128, April T., 1909, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., Nov. Term, 1905, No. 974, on verdict for plaintiff in case of Philip McArdle, administrator of the estate of Michael McArdle, deceased, v. Pittsburg Railways Company. Trespass to recover damages for death of plaintiff’s wife. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 128, April T., 1909, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., Nov. Term, 1905, No. 974, on verdict for plaintiff in case of Philip McArdle, administrator of the estate of Michael McArdle, deceased, v. Pittsburg Railways Company. Trespass to recover damages for death of plaintiff’s wife. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. Plaintiff presented these points: 1. The measure of damages in this case is precisely the same as if the plaintiff’s intestate were still alive and prosecuting the suit; in other words, the death of…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action was brought by Michael McArdle to recover damages for the death of his wife alleged to have been occasioned by the negligence of the defendant. Before trial Michael McArdle *165died and Philip McArdle, administrator of his estate, was substituted as plaintiff. It was proved on the trial that the family of Michael McArdle and his wife Mary, at the time of her death, consisted of themselves and five sons, three of whom were minors. No objection was raised on or before the trial to the omission to set forth the names of these children in the statement of claim, and…
2Cases cited13 opinions
- Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.Supreme Court of Pennsylvania · 1902
- Lehigh Iron Co. v. RuppSupreme Court of Pennsylvania · 1882
- Emery v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Huntingdon & Broad Top Railroad v. DeckerSupreme Court of Pennsylvania · 1877
- President of the Baltimore & Reisterstown Turnpike Road v. State ex rel. GrimesCourt of Appeals of Maryland · 1889
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3Cited by6 opinions
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- Minkin v. MinkinSupreme Court of Pennsylvania · 1938
- Frankel v. StyerDistrict Court, E.D. Pennsylvania · 1962
- Kaufmann's EstateSupreme Court of Pennsylvania · 1928
- Idaho Trust & Savings Bank, Ltd. v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1916
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