Fitzpatrick v. Riley
Supreme Court of Pennsylvania
Appeal, No. 264, Jan. T., 1894, by-defendant, John B. Riley, from judgment of C. P. No. 3, Philadelphia Co., March T., 1890, No. 132, on verdict for plaintiff, Mary Fitzpatrick. Trespass for death of husband. Before Gordon, J. From the record it appeared that plaintiff’s husband, Martin Fitzpatrick, died Feb. 25, 1890, from injuries resulting from an accident which occurred Feb. 12, 1890, while he was engaged in defendant’s employ in lowering a derrick or mast.
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Appeal, No. 264, Jan. T., 1894, by-defendant, John B. Riley, from judgment of C. P. No. 3, Philadelphia Co., March T., 1890, No. 132, on verdict for plaintiff, Mary Fitzpatrick. Trespass for death of husband. Before Gordon, J. From the record it appeared that plaintiff’s husband, Martin Fitzpatrick, died Feb. 25, 1890, from injuries resulting from an accident which occurred Feb. 12, 1890, while he was engaged in defendant’s employ in lowering a derrick or mast. On April 5, 1890, plaintiff issued a summons in trespass which was returned nihil habet. On July 16, 1891, she began a second action…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It was bad practice and a hardship on defendant for plaintiff after bringing a second action and proceeding to trial and compulsory nonsuit, to go back to his first action by an-alias summons therein. The costs of the nonsuit not having been paid, the plea in abatement to the alias in the first action was a good plea of lis pendens, and the court might well have refused to take off the nonsuit, and abated the action on the alias. But that was á matter within its discretion, and the nonsuit having been taken off, and the suit discontinued, and costs paid, there…
2Cases cited1 opinion
- Bournonville v. GoodallSupreme Court of Pennsylvania · 1848
3Cited by15 opinions
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- Fine v. SoiferSupreme Court of Pennsylvania · 1926
- Di Gregorio v. Skinner, (No. 1)Supreme Court of Pennsylvania · 1944
- Feather v. HusteadSupreme Court of Pennsylvania · 1916
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