Legal Opinion

Swartz v. Smokowitz

Supreme Court of Pennsylvania

Decided June 3, 1960No. Appeal, No. 82PublishedCited by 25 opinions

1Opinion of the Court

Opinion by

Mr. Justice Bok,

Plaintiff’s decedent, a boy of 16, was passenger in a car driven by Ms brother when it was in collision with a truck. He died seven hours later without regaining consciousness.

In the ensuing trial both drivers were found negligent. There is no question of the decedent’s contributory negligence. The liability of the drivers is conceded and the only question before us is the excessiveness of the verdicts. •

Suit was brought by the decedent’s administrator under the Death Act of April 26, 1855, P. L. 309, as amended, 12 P.S. §1602, and also under the Survival Act of…

2Cases cited11 opinions

  1. Stark v. Lehigh Foundries, Inc.Supreme Court of Pennsylvania · 1957
  2. Murray v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
  3. Spangler v. Helm's New York-Pittsburgh Motor ExpressSupreme Court of Pennsylvania · 1959
  4. Gail v. PhiladelphiaSupreme Court of Pennsylvania · 1922
  5. Radobersky v. Imperial Volunteer Fire DepartmentSupreme Court of Pennsylvania · 1951

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Sinn v. BurdSupreme Court of Pennsylvania · 1979
  2. Heffner v. Allstate InsuranceSuperior Court of Pennsylvania · 1979
  3. Klairmont v. Gainsboro Restaurant, Inc.Massachusetts Supreme Judicial Court · 2013
  4. Hall v. GeorgeSupreme Court of Pennsylvania · 1961
  5. Lambert v. PBI INDUSTRIESSuperior Court of Pennsylvania · 1976

20 more not listed; retrieve them via the Exa API.

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