Marsh v. Western New York & Pennsylvania Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 174, Jan., T., 1901, by defendant, from judgment of C. P. Warren Co., Dec. T., 1899, No. 74, on verdict for plaintiff in case of Critt Marsh, Guardian of EllaLockeby, v. Western New York & Pennsylvania Railway Company. Trespass to recover damages for death. Before Lindsey, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 174, Jan., T., 1901, by defendant, from judgment of C. P. Warren Co., Dec. T., 1899, No. 74, on verdict for plaintiff in case of Critt Marsh, Guardian of EllaLockeby, v. Western New York & Pennsylvania Railway Company. Trespass to recover damages for death. Before Lindsey, P. J. The facts appear by the opinion of the Supreme Court. Plaintiff presented this point: 13. Where the deceased left a widow and a child or children, while the widow is the legal party upon the record, her recovery is for the benefit of herself and children, and one third of the value of the life of the…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
Orlando Loekeby was employed as a brakeman by the defendant company. A freight train, upon which he was engaged in the line of his duty, was derailed on the evening of October 11,1899, and he was killed. The defendant company was charged with negligence in failing to keep the roadbed in safe condition, and the rolling stock in proper repair, and this suit was brought to recover damages for the death.
In such a case, if the deceased were a married man, the right of action to recover damages for his death, would clearly be in his widow, and in her alone.
This is fixed…
2Cases cited2 opinions
- Huntingdon & Broad Top Railroad v. DeckerSupreme Court of Pennsylvania · 1877
- Rice v. StoneMassachusetts Supreme Judicial Court · 1861
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- McFadden v. MaySupreme Court of Pennsylvania · 1936
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