Jack v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 253, Oct. T., 1909, by plaintiff, from order of C. P. No. 1, Phila. Co., Sep,t. T., 1907, No. 2,686, discharging rule for judgment for want of a sufficient affidavit of defense in case of Margaret M. Jack v. Pennsylvania Railroad Company. Assumpsit to recover death benefits. The averments of the statement of claim and affidavit of defense are set forth in the opinion of the Superior Court.
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Appeal, No. 253, Oct. T., 1909, by plaintiff, from order of C. P. No. 1, Phila. Co., Sep,t. T., 1907, No. 2,686, discharging rule for judgment for want of a sufficient affidavit of defense in case of Margaret M. Jack v. Pennsylvania Railroad Company. Assumpsit to recover death benefits. The averments of the statement of claim and affidavit of defense are set forth in the opinion of the Superior Court. Error assigned was in discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
The plaintiff, Margaret M. Jack, is the widow of William C. Jack who was an employee of the defendant railroad company at the time of his death on February 9, 1906. On July 13, 1906, the plaintiff, as administratrix of the estate of William C. Jack, deceased, brought an action against the West Jersey & Seashore Railroad Company in the Circuit Court of Camden county, New Jersey, to recover damages for the death of the said William C. Jack, and judgment was recovered by her in said suit on December 7,1906, for $7,500 which has since been paid to said administratrix by…
2Cases cited6 opinions
- Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
- Johnson v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
- Ringle v. Penna. R. R.Supreme Court of Pennsylvania · 1894
- Boulden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Oyster v. Burlington Relief DepartmentNebraska Supreme Court · 1902
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3Cited by1 opinion
- Snyder v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1912