Lower v. Segal
Supreme Court of New Jersey
On demurrer to declaration. The plaintiff brings her action, as administratrix of John ~W. Lower, deceased, alleging, by the first count, that on July 5th, 1894, the deceased was a bricklayer employed by defendant in the construction of a building in Philadelphia, and that the defendant did not provide a secure scaffold, and the same fell while deceased, was standing on. it, and he sustained injuries from which he died in a few minutes.
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On demurrer to declaration. The plaintiff brings her action, as administratrix of John ~W. Lower, deceased, alleging, by the first count, that on July 5th, 1894, the deceased was a bricklayer employed by defendant in the construction of a building in Philadelphia, and that the defendant did not provide a secure scaffold, and the same fell while deceased, was standing on. it, and he sustained injuries from which he died in a few minutes. The declaration further alleges the issuing of letters of administration by the surrogate of Camden county, to the plaintiff, dated July 11th, 1894, and that…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The cause of action in this case arose in> Pennsylvania. The plaintiff is an administratrix appointed by the courts of New Jersey. The statute of this state providing for the recovery of damages in cases where the death of a person is caused by wrongful ■ act, negligence or default-(Rev., p. 294), confers no right of action in such case. It creates a rule unknown to the common law, and is, therefore,, inoperative for the redress of wrongs done in other jurisdictions. For a like reason the statute of Pennsylvania, propriavigore, confers no…
2Cases cited1 opinion
- Birch v. Pittsburg, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1895
3Cited by11 opinions
- Van Doren v. Pennsylvania R.Court of Appeals for the Third Circuit · 1899
- Alcaro v. Jean Jordeau, Inc.Court of Appeals for the Third Circuit · 1943
- Keep v. National Tube Co.U.S. Circuit Court for the District of New Jersey · 1907
- Holzsager v. WarburtonDistrict Court, D. New Jersey · 1978
- Matney v. Blue RibbonLouisiana Court of Appeal · 1942
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