Legal Opinion

Hammaker v. Watts Township

Superior Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 21PublishedCited by 21 opinions

Appeal, No. 21, March T., 1919, by plaintiffs, from judgment of O. P. Perry Co., August T., 1914, No. 8, on verdict for plaintiffs in case of Albert J. Hammaker and Ava M. Hammaker v. Township of Watts. Trespass for damages for the death of a minor child. Before Seibert, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiffs for $27, and judgment thereon. Plaintiffs appealed. Error assigned, among others, was refusal to grant a new trial.

1Opinion of the Court

Opinion bt

Keller, J.,

The plaintiffs, Albert J. Hammaker and Ava M. Ham-maker, his wife, brought this action against the Township of Watts, to recover damages for the death of their nine-year-old daughter, Emma, who. was killed in an accident alleged to have been caused by the failure of the defendant to maintain one of its public roads in reasonably safe condition for public travel and properly protected by a guard rail. In the same accident, a seven-year-old daughter, Elda, was also killed, ánd a separate action was brought to recover the damages suffered by reason of her death. Both actions…

2Cases cited20 opinions

  1. Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
  2. Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1858
  3. Bradwell v. Pittsb. Etc. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
  4. Fedorawicz v. Citizens' Electric Illuminating Co.Supreme Court of Pennsylvania · 1914
  5. Palmer v. Leader Publishing Co.Superior Court of Pennsylvania · 1898

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3Cited by21 opinions

  1. Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
  2. Schwartz v. JaffeSupreme Court of Pennsylvania · 1936
  3. Carpenelli v. Scranton Bus Co.Supreme Court of Pennsylvania · 1944
  4. Wilson v. Consolidated Dressed Beef Co.Supreme Court of Pennsylvania · 1928
  5. Perzak v. CoulterSuperior Court of Pennsylvania · 1952

16 more not listed; retrieve them via the Exa API.

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