Pennsylvania Railroad v. Bantom
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county. The action was by Maria Bantom against the Pennsylvania Railroad Company. The declaration alleged that the plaintiff was a widow, that her son, Lewis T. Bantom, between thirteen and fourteen years of age, crossing the railroad in a wagon, was struck by the engine and died from the injuries he received, and that the accident was the result of negligence on the part of the agents of the defendants.
Read the full summary
Error to the Court of Common Pleas of Montgomery county. The action was by Maria Bantom against the Pennsylvania Railroad Company. The declaration alleged that the plaintiff was a widow, that her son, Lewis T. Bantom, between thirteen and fourteen years of age, crossing the railroad in a wagon, was struck by the engine and died from the injuries he received, and that the accident was the result of negligence on the part of the agents of the defendants. It further alleged that the plaintiff was engaged in the purchase and sale of milk and cream, that her son assisted her in the business, and…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The defendant’s points on the trial below, and the argument here, may be reduced to this single proposition —that'inasmuch as any plaintiff who sues for an injury resulting in the death of another, is only entitled to recover an indemnity for pecuniary losses, and inasmuch as a widowed mother has no legal right to the services of a minor son, therefore the measure of her damages is only reasonable compensation for nursing and medical attendance of the deceased.
*497This proposition ignores the Acts of Assembly utterly, and if they are put…
2Cited by8 opinions
- Hammaker v. Watts TownshipSuperior Court of Pennsylvania · 1919
- Kelly v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1903
- Tadlock v. LloydSupreme Court of Colorado · 1918
- American Steel & Wire Co. v. TynanCourt of Appeals for the Third Circuit · 1911
- Adams v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1913
3 more not listed; retrieve them via the Exa API.