Moe v. Smiley
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BRADFORD COUNTY. No. 125 July Term 1888, Sup. Ct.; court below, No. 487 September Term 1887, C. P. On July 19,1887, a summons in trespass issued in an action by Rosanna A. Moe, widow of Augustus R. Moe, against T. J. Smiley, administrator of Randolph Lyon, deceased.
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ERROR TO THE COURT OE COMMON PLEAS OE BRADFORD COUNTY. No. 125 July Term 1888, Sup. Ct.; court below, No. 487 September Term 1887, C. P. On July 19,1887, a summons in trespass issued in an action by Rosanna A. Moe, widow of Augustus R. Moe, against T. J. Smiley, administrator of Randolph Lyon, deceased. On October 20th, on motion of plaintiff’s attorney, leave was granted to amend the declaration by adding that the action was brought under the acts of May 15, 1851, P. L. 674, and April 26, 1855, P. L. 309, and the damages claimed were as well for the benefit of said plaintiff as for Dora M.…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
This record presents a novel question. It was an action in the court below to recover damages for the death of plaintiff’s husband, Augustus Roderick Moe, who was murdered by one Dr. Randolph Lyon. The latter committed suicide within three hours after shooting Moe. The question is whether an action can be maintained against the administrator of the wrongdoer, *140under the act of April 15,1851, and the act of April 26, 1855. These are familiar acts, and it is not necessary to refer to them further than to say that, under the former act, whenever death shall be…
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