Wiest v. Electric Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 54, Jan. T., 1901, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1895, No. 602, on verdict for plaintiff in case of Anna Maria Wiest v. City of Philadelphia, the Electric Traction Company, Appellant, and John W. Hoffman and Ernest Law, trading as John W. Hoffman & Company. Trespass for death of plaintiff’s husband.
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Appeal, No. 54, Jan. T., 1901, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1895, No. 602, on verdict for plaintiff in case of Anna Maria Wiest v. City of Philadelphia, the Electric Traction Company, Appellant, and John W. Hoffman and Ernest Law, trading as John W. Hoffman & Company. Trespass for death of plaintiff’s husband. Before Audenried, J. At the trial it appeared that on June 24, 1894, plaintiff’s husband fell over a girder rail lying in a gutter, and received injuries from which he subsequently died. The accident occurred in the evening. J. W. Hoffman & Company…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In that portion of the charge which is assigned as error in the .first specification, the learned court below said :
“ The loss to the children, of course, was one from whom *151they might expect some inheritance, if you think the business was such as to warrant them in that hope.”
This statement presented to the consideration of the jury an element in measuring the damages, which is extremely vague. The possibility of accumulating an estate by the decedent was very remote. The testimony did not show any accumulation up to the time of his death, and, whether or not he…
2Cases cited11 opinions
- Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Collins v. CroninSupreme Court of Pennsylvania · 1887
- Bard v. YohnSupreme Court of Pennsylvania · 1856
- Turton v. Powelton Electric Co.Supreme Court of Pennsylvania · 1898
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- Brooks v. United StatesDistrict Court, D. South Carolina · 1967
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- Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
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