Haggerty v. Borough
Superior Court of Pennsylvania
Appeal, No. 44, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., March T., 1885, No. 42, on verdict for plaintiff, in case of Patrick Haggerty, administrator of Anthony Haggerty v. The Borough of Pittston. Trespass for death of minor daughter. Before Halsey, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $600. Defendant appealed.
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Appeal, No. 44, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., March T., 1885, No. 42, on verdict for plaintiff, in case of Patrick Haggerty, administrator of Anthony Haggerty v. The Borough of Pittston. Trespass for death of minor daughter. Before Halsey, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $600. Defendant appealed. Error assigned amongst others was in refusing to give binding instructions for defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
Anthony Haggarty brought this action of trespass to recover damages for the death of his minor daughter, alleged to have been caused by the negligence of the defendant. He was her sole surviving parent and she left no husband or children. After the case had been put at issue, but before it was brought *153to trial, Anthony Haggarty died. The question is, whether his personal representatives could be substituted and prosecute the suit as he might have done if he had lived. The court below in a carefully considered opinion filed by Judge Woodward, which was followed by Judge…
2Cases cited1 opinion
- North Pennsylvania Railroad v. RobinsonSupreme Court of Pennsylvania · 1863
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