Waltz v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 144, Oct. T., 1906, by defendant, from judgment of Superior Court, April T., 1906, No. 4, affirming judgment of C. P. Cambria Co., Dec. T., 1903, No. 336 on verdict for plaintiff in case of M. C. Waltz v. The Pennsylvania Railroad Company. Appeal from Superior Court. See 31 Pa. Superior Ct. 286. Trespass to recover damages for death of a minor son. Verdict and judgment for plaintiffs for f1,446.56. Defendant appealed.
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Appeal, No. 144, Oct. T., 1906, by defendant, from judgment of Superior Court, April T., 1906, No. 4, affirming judgment of C. P. Cambria Co., Dec. T., 1903, No. 336 on verdict for plaintiff in case of M. C. Waltz v. The Pennsylvania Railroad Company. Appeal from Superior Court. See 31 Pa. Superior Ct. 286. Trespass to recover damages for death of a minor son. Verdict and judgment for plaintiffs for f1,446.56. Defendant appealed. The opinion of the Superior Court, Orlady, J., was as follows : The plaintiff’s son, aged about fifteen years, was killed at Cresson station on the defendant’s…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is not a common-law action, but an action brought under the provisions of the Acts of April 15, 1851, P. L. 669, and April 26, 1855, P. L. 309. It is solely by virtue of the provisions of these statutes that damages are recoverable for the death of Henry Waltz. The latter act provides in its first section that “ the persons entitled to recover damages for any injury causing death shall be the husband, widow, children or parents of the deceased, and no other relative, and the sum recovered shall go to them in the proportion they would take his or her…
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