Gerz v. Weber
Supreme Court of Pennsylvania
Appeal, No. 143, July T., 1891, by defendant, Otto Weber et al., executors of Theresa Demarra, deceased, from judgment of O. P. Lancaster Co., Feb. T., 1890, No. 33, on verdict for plaintiff, J. W. Gerz. Assumpsit for nursing, boarding, etc., of decedent. The facts appear by the opinion of the Supreme Court. The court charged the jury in part as follows, by Patterson, J.: [“ We cannot say to you, as requested, that the plaintiff cannot recover in this action.
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Appeal, No. 143, July T., 1891, by defendant, Otto Weber et al., executors of Theresa Demarra, deceased, from judgment of O. P. Lancaster Co., Feb. T., 1890, No. 33, on verdict for plaintiff, J. W. Gerz. Assumpsit for nursing, boarding, etc., of decedent. The facts appear by the opinion of the Supreme Court. The court charged the jury in part as follows, by Patterson, J.: [“ We cannot say to you, as requested, that the plaintiff cannot recover in this action. The facts and circumstances are such, that when presented to you, we cannot say that the verdict must be in favor of the defendants.]…
1Opinion of the Court
Opinion by
Mb. Justice Stebbett,
This suit was brought by J: W. Gerz against the executors of his mother-in-law, Theresa Demarra, to recover for boarding the decedent, and for services rendered to her while she was an inmate of his family.
It appears from the testimony that in 1887, shortly after the death of her husband, Mrs. Demarra ceased housekeeping, rented her house in Lancaster and went to live with her six children, Joseph Demarra, Jeanette Gerz, Charlotte Lagneau, Josephine Weber, Charles Demarra, and Rosa Gerz, wife of plaintiff, all of whom were married and had homes of their own…
2Cases cited1 opinion
- Houck's Executors v. HouckSupreme Court of Pennsylvania · 1882
3Cited by10 opinions
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- King v. LemmerSupreme Court of Pennsylvania · 1934
- Tarr v. RobinsonSupreme Court of Pennsylvania · 1893
- Gerz's Exrx. v. Demarra's Exrs.Supreme Court of Pennsylvania · 1894
- Carr v. MundorfSupreme Court of Pennsylvania · 1933
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