Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.
Supreme Court of Pennsylvania
Appeal, No. 366, Jan. T., 1901, by Iram D. Lewis and Stella Lewis Stackhouse, from order of C. P. Luzerne Co., Feb. T., 1896, No. 43, discharging rule to intervene on case of Emma C. Lewis, assigned to C. D. Foster v. Hunlqek’s Creek & Muhlenburg Turnpike Company. Trespass to recover damages for death of plaintiffs husband. Rule to show cause why Iram D. Lewis and Stella Lewis Stackhouse should not be added as parties plaintiff.
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Appeal, No. 366, Jan. T., 1901, by Iram D. Lewis and Stella Lewis Stackhouse, from order of C. P. Luzerne Co., Feb. T., 1896, No. 43, discharging rule to intervene on case of Emma C. Lewis, assigned to C. D. Foster v. Hunlqek’s Creek & Muhlenburg Turnpike Company. Trespass to recover damages for death of plaintiffs husband. Rule to show cause why Iram D. Lewis and Stella Lewis Stackhouse should not be added as parties plaintiff. Before Lynch, P, J. From the record it appeared that plaintiff recovered from defendant a verdict for $6,041.44 for the death of her husband. Judgment was entered…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Section 1 of the Act of April 26,1855, P. L. 309, provides that “ the persons entitled to recover damages for any injury caus*513ing 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 in his or her personal estate in case of intestacy.” The claim of appellants is founded on too broad and too literal an application of the concluding clause of the sentence. Appellants are children of the deceased and as such would share in his estate in case of…
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