Shaffer v. Mowery
Supreme Court of Pennsylvania
Appeal, No. 327, Jan. T., 1919, by plaintiffs, from order of C. P. Fayette Co., March T., 1915, No. 630, refusing to take off nonsuit in case of Joseph C. Shaffer and Icyline Shaffer, his wife, v. Charles M. Mowery. Action to recover damages for death of plaintiff’s son, alleged to have been caused by defendant’s unlawful act in selling a cartridge to the minor brother of the deceased.
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Appeal, No. 327, Jan. T., 1919, by plaintiffs, from order of C. P. Fayette Co., March T., 1915, No. 630, refusing to take off nonsuit in case of Joseph C. Shaffer and Icyline Shaffer, his wife, v. Charles M. Mowery. Action to recover damages for death of plaintiff’s son, alleged to have been caused by defendant’s unlawful act in selling a cartridge to the minor brother of the deceased. Before Reppert, J. The court entered a compulsory nonsuit which it subsequently refused to strike off. Plaintiffs appealed. Error assigned was the refusal to strike off the non-suit.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Joseph C. Shaffer and wife sued to recover damages for the death of their son, Henry, seven years old, who was killed on December 27, 1914, as the result, it was alleged, of defendant’s unlawful act; the court below entered a nonsuit, which it subsequently refused to remove, and this appeal followed.
The father had a small farm and also conducted a blacksmith shop, at some little distance from his home: the family consisted of the parents and five children,— Samuel, the eldest, Henry, the deceased, two girls and a baby. On December 25,1914, Samuel, then a…
2Cases cited14 opinions
- Binford v. JohnstonIndiana Supreme Court · 1882
- Catani v. Swift & Co.Supreme Court of Pennsylvania · 1915
- Anderson v. SettergrenSupreme Court of Minnesota · 1907
- Carter v. TowneMassachusetts Supreme Judicial Court · 1870
- Meers v. McDowellCourt of Appeals of Kentucky · 1901
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3Cited by12 opinions
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- McMillen v. SteeleSupreme Court of Pennsylvania · 1923
- Parman ex rel. Parman v. LemmonSupreme Court of Kansas · 1925
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