Holmes v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 184, Jan. T., 1907, by defendant, from judgment of C. P. No. 5, Phila. Co., JuneT., 1905, No. 3,035, on verdict for plaintiff in case of William A. Holmes v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s minor son.
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Appeal, No. 184, Jan. T., 1907, by defendant, from judgment of C. P. No. 5, Phila. Co., JuneT., 1905, No. 3,035, on verdict for plaintiff in case of William A. Holmes v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s minor son. At the trial the court permitted the record to be amended by adding the name of Edith Elizabeth Holmes, the decedent’s mother, as a party plaintiff. [1] When the plaintiff was on the stand he was asked the following question: “ Q. What were the whole sales made by you in both trips for the Medlar & Holmes Company, in the territory…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was brought by a father to recover for the death of his son eighteen years of age, who was killed while a passenger on the defendant’s road. It appeared from the testimony at the trial that the deceased was survived by both parents, and a motion to amend the record so as to make the mother a party plaintiff was allowed against the objection of the defendant. The assignments of error relate to the allowance of the amendment and to the measure of damages.
Amendments have been liberally allowed in furtherance of the object of the statutes to relieve against…
2Cases cited8 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Wilkinson v. North East BoroughSupreme Court of Pennsylvania · 1906
- LaBar v. New York, Susquehanna & Western RailroadSupreme Court of Pennsylvania · 1907
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- Kelley v. ShaySupreme Court of Pennsylvania · 1903
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