Palmer v. Philadelphia, Baltimore & Washington Railroad
Supreme Court of Pennsylvania
Appeal, No. 41, Jan. T., 1906, by defendant, from judgment of C. P. Chester Co., April T., 1905, No. 38, on verdict for plaintiff in case of J. Monroe Palmer and Alice M. Palmer, his wife, v. Philadelphia, Baltimore & Washington Railroad Company. Trespass to recover damages for death of plaintiff’s son.
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Appeal, No. 41, Jan. T., 1906, by defendant, from judgment of C. P. Chester Co., April T., 1905, No. 38, on verdict for plaintiff in case of J. Monroe Palmer and Alice M. Palmer, his wife, v. Philadelphia, Baltimore & Washington Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before Butler, J. At the trial it appeared that J. William Palmer, the son of the plaintiffs, was killed on November 14, 1904, while riding as a passenger in one of defendant’s trains. The death resulted from a collision between a freight train and the passenger train in which the deceased was…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Two questions are raised by this appeal. First, was there sufficient evidence to submit to the jury to find that the act complained of had been committed under circumstances of violence, oppression, outrage or wanton recklessness, upon which to warrant a verdict for exemplary damages; and, second, whether exemplary damages can be recovered in this or any other case for injuries resulting in death when the action is brought by surviving parents? We will discuss the last question first.
While the general rule in negligence cases is that only compensatory damages can…
2Cases cited12 opinions
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- Mansfield Coal & Coke Co. v. McEnerySupreme Court of Pennsylvania · 1879
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- Deninger et ux. v. American Locomotive Co.Court of Appeals for the Third Circuit · 1911
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