Rodebaugh v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 302, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Pbila. Co., Dec. Term, 1897, No. 1242, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Tbe court entered a nonsuit on the ground tbat the action had been barred by the act of June 24, 1895. Error assigned was refusal to take off nonsuit.
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Appeal, No. 302, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Pbila. Co., Dec. Term, 1897, No. 1242, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Tbe court entered a nonsuit on the ground tbat the action had been barred by the act of June 24, 1895. Error assigned was refusal to take off nonsuit. It is a familiar principle of law, that implied repeals of statutes are not favored, and that if two statutes can stand together the posterior does not abrogate the prior: Erie v. Bootz, 72 Pa. 196; Com. v. Fry, 183 Pa. 32; Black on Interpretation of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The plaintiff declared for injury received from negligence of defendant on January 12, 1895, but did not bring suit until February 16, 1898. The court below nonsuited him as barred by the Act of June 24,1895, P. L. 236. This appeal raises two questions, first, the construction of the act; second, its constitutionality.
First, it is argued that the act does not apply to the present case. Section first enacts “ that any right of action which may hereafter come into being by reason of injury wrongfully done to the person of another shall survive the death of the…
2Cited by37 opinions
- Moyer v. PHILLIPS, MDSupreme Court of Pennsylvania · 1975
- Fine v. MoranSupreme Court of Florida · 1917
- Gardiner v. Philadelphia Gas WorksSupreme Court of Pennsylvania · 1964
- Kedra v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1978
- Jones v. Boggs & Buhl, Inc.Supreme Court of Pennsylvania · 1946
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