Rockwell v. Waverly, Sayre & Athens Electric Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 380, Jan. T., 1897, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1896, No. 161, on verdict for plaintiff. Trespass for personal injuries. Before Peck, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s point and the answer thereto were as follows : 4. Under the pleading and evidence in this case the verdict must be for the defendant. Answer: We do not affirm this proposition.
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Appeal, No. 380, Jan. T., 1897, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1896, No. 161, on verdict for plaintiff. Trespass for personal injuries. Before Peck, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s point and the answer thereto were as follows : 4. Under the pleading and evidence in this case the verdict must be for the defendant. Answer: We do not affirm this proposition. Verdict and judgment for plaintiff for $1,200. Defendant appealed. Error assigned was above instruction. The first section of the act is plainly imperative or mandatory.…
1Opinion of the Court
Opinion by
Me. Chief Justice Stebbett,
The cause of action in this case arose after the passage of the Act of May 8, 1895, P. L. 54, entitled “An act relative to actions by husband and wife for injury to the person unlawfully inflicted on her.” This appeal involves the construction of that act.
*570When the cause was called, for trial, 'on September 21,1897, an affidavit was presented to the court below by plaintiff’s husband, E. A. Rockwell, setting forth that this, his wife’s suit, and his own suit, being Nos. 161 and 162 of September term, 1896, were actions to recover damages for injuries…
2Cited by4 opinions
- Fulcomer v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1940
- Fries v. WiserSuperior Court of Pennsylvania · 1916
- Landry v. PoirrierLouisiana Court of Appeal · 1915
- Sturtz v. Ludy, Pennsylvania Court of Common Pleas, Somerset County1979