Patton v. Pittsburgh, Cincinnati & St. Louis Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 286. Case by Mrs. Mary Ann Patton, widow of William Patton, deceased, Mary Bertha Patton, Bridget Patton and William Charles Patton, minor children and heirs of said William Patton, deceased, who sued by their next friend, John McNulty, against the Pittsburgh, Cincinnati & St. Louis Railway Company, to recover damages for the death of said William Patton, a brakeman in the…
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 286. Case by Mrs. Mary Ann Patton, widow of William Patton, deceased, Mary Bertha Patton, Bridget Patton and William Charles Patton, minor children and heirs of said William Patton, deceased, who sued by their next friend, John McNulty, against the Pittsburgh, Cincinnati & St. Louis Railway Company, to recover damages for the death of said William Patton, a brakeman in the employ of the defendant company, who was run over and killed while in the discharge of his duties as brakeman, by reason…
1Opinion of the CourtJustice Trunkey
In answer to the plaintiffs’ third point the jury were unqualifiedly instructed that this action can be maintained if the statute in force in West Virginia, relating to cases of death caused by negligence, is similiar to or substantially the same as the statute on the same subject in Pennsylvania. The only statute of West Virginia given in evidence, is the fifth and sixth sections of an act relating to actions where death of a person was caused by wrongful act, neglect or default, which provides, among other things, that “ every such action shall be brought by and in the name of the personal…
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