Pennsylvania Railroad v. McCloskey's Administrator
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. Action on the case against the railroad company for the loss of the life of William McCloskey by the negligence of the agents or servants of the company. The action was brought by the administrator of the estate of the deceased. William McCloskey, on the 1st March, 1853, put on board the company’s cars at Pittsburgh a drove of horses destined for Philadelphia.
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Error to the District Court of Allegheny county. Action on the case against the railroad company for the loss of the life of William McCloskey by the negligence of the agents or servants of the company. The action was brought by the administrator of the estate of the deceased. William McCloskey, on the 1st March, 1853, put on board the company’s cars at Pittsburgh a drove of horses destined for Philadelphia. It appeared in evidence that the regulations of the company required that, before any undertaking to carry live stock should he made, the owner of the stock should sign an agreement to…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
The learned judge of the Court below allowed the jury to find the damages according to the value of the life lost, and suggested that, in estimating them, they might compute them by the probable accumulations of a man of such age, habits, health, and pursuits, as the deceased, during what would probably have been his lifetime; and then added: “ I think this would be a fair measure of damages in this case; but if the jury can find a better rule than the one suggested, they are at liberty to adopt it.”
To this it is objected, that it gives to…
2Cited by17 opinions
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- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
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