Kelley v. Mayberry Township
Supreme Court of Pennsylvania
Appeal, No. 320, Jan. T., 1893, by defendant, from judgment of O. P. Montour Co., May T., 1889, No. 71, on verdict for plaintiffs, James Kelley and Annie, his wife, to the use of said wife. Trespass for personal injuries caused by defect in highway. The facts appear by the charge of the court. The evidence was to the effect that plaintiff was thrown down an embankment some twenty feet from an unguarded highway where she lodged.
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Appeal, No. 320, Jan. T., 1893, by defendant, from judgment of O. P. Montour Co., May T., 1889, No. 71, on verdict for plaintiffs, James Kelley and Annie, his wife, to the use of said wife. Trespass for personal injuries caused by defect in highway. The facts appear by the charge of the court. The evidence was to the effect that plaintiff was thrown down an embankment some twenty feet from an unguarded highway where she lodged. In attempting to rise to escape the danger of the horses falling on her she fell further into a mill dam. A release of claim for damages by the husband was filed. At…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
Some of the specifications of error relate to the proper measure of damages, in cases such as this, and may be considered-*446together. Defendant’s contention is that when the stipulation provided for in the act of June 11, 1879, P. L. 129, is filed, the value of the wife’s services must be shown in dollars and cents; and inasmuch as no such evidence was introduced in this case, the personal services of the beneficial plaintiff, as an element of damages, should have been excluded.
We cannot assent to that as a correct proposition. On the contrary, we think…
2Cases cited5 opinions
- King v. ThompsonSupreme Court of Pennsylvania · 1878
- Delaware R. v. Jones, Pennsylvania Court of Common Pleas, Luzerne County1889
- Henry v. KlopferSupreme Court of Pennsylvania · 1892
- Borough of Susquehanna Depot v. SimmonsSupreme Court of Pennsylvania · 1886
- Borough of Nanticoke v. WarneSupreme Court of Pennsylvania · 1884
3Cited by38 opinions
- Buttermore v. Aliquippa HospitalSupreme Court of Pennsylvania · 1989
- Kelley v. EarleSupreme Court of Pennsylvania · 1937
- Yeilding v. State Ex Rel. WilkinsonSupreme Court of Alabama · 1936
- Booth & Flinn, Ltd. v. MillerSupreme Court of Pennsylvania · 1912
- Neuberg v. BobowiczSupreme Court of Pennsylvania · 1960
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