Mansfield Coal & Coke Co. v. McEnery
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 66. Case by Mary McEnery and children, the widow and children of John McEnery, deceased, against the Mansfield Coal and Coke Company, to recover damages under the Acts of April 15th 1851, Pamph. L. 674, and April 26th 1855, Pamph. L. 309, for the death of said John McEnery, which it was alleged was caused by the negligence of said defendants.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 66. Case by Mary McEnery and children, the widow and children of John McEnery, deceased, against the Mansfield Coal and Coke Company, to recover damages under the Acts of April 15th 1851, Pamph. L. 674, and April 26th 1855, Pamph. L. 309, for the death of said John McEnery, which it was alleged was caused by the negligence of said defendants. At the trial it appeared that the deceased was employed by the company to drive a mule drawing coal cars. In the performance of this duty he daily…
1Opinion of the CourtJustice Paxson
The question of the measure of damages in cases arising under the Acts of 15th April 1851, Pamph. L. 674, and of the 26th April 1855, Pamph. L. 309, authorizing the widow and children of a decedent whose death has been caused by negligence, to recover from the person or persons whose negligence was the cause of such death, damages therefor, is not free from- difficulty. The plain object of the act was to provide a mode by which the family of one who has lost his life under such circumstances might recover a reasonable compensation for the pecuniary loss sustained. It was not intended to make…
2Cases cited4 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
3Cited by29 opinions
- Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
- Brown v. MooreCourt of Appeals for the Third Circuit · 1957
- Paperry v. RybackSupreme Court of Pennsylvania · 1930
- McHugh v. SchlosserSupreme Court of Pennsylvania · 1894
- Dooner v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1894
24 more not listed; retrieve them via the Exa API.