Woeckner v. Erie Electric Motor Co.
Supreme Court of Pennsylvania
Appeal, No. 104, Jan. T., 1897, by defendants, from judgment of C. P. Erie Co., Sept. T., 1894, No. 148, on verdict for plaintiff. Trespass by parent to recover damages for personal injuries to a child of tender age. Before Gunnison, P. J. At the trial it appeared that on July 25, 1890, Lizzie A. Woeekner, a child two years and ten months old, was run over by a car of the defendant company, and so injured that both of her legs had to be amputated.
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Appeal, No. 104, Jan. T., 1897, by defendants, from judgment of C. P. Erie Co., Sept. T., 1894, No. 148, on verdict for plaintiff. Trespass by parent to recover damages for personal injuries to a child of tender age. Before Gunnison, P. J. At the trial it appeared that on July 25, 1890, Lizzie A. Woeekner, a child two years and ten months old, was run over by a car of the defendant company, and so injured that both of her legs had to be amputated. Elizabeth Woeekner, a witness for plaintiff, was asked this question in her examination in chief: “ From your experience in caring for Lizzie…
1Opinion of the Court
Opinión by
Mr. Justice Fell,
The objection that in estimating the damages the jury was not confined to the pecuniary loss sustained by the plaintiff is well founded. In an action by a parent to recover for loss occasioned by the injury of his child the measure of damages is the pecuniary loss to him. His action is for the injury done him, not for the injury done his child or for the loss or inconvenience to other members of his family whose cares and burdens have been increased. It is based upon his duty to maintain, protect and educate his child, and on his right to the earnings of the child…
2Cited by21 opinions
- Donald Feeley v. United StatesCourt of Appeals for the Third Circuit · 1964
- Plank v. SummersCourt of Appeals of Maryland · 1954
- Parks v. ParksSupreme Court of Pennsylvania · 1957
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- In Re Charles MikasinovichSuperior Court of Pennsylvania · 1933
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