Esher v. Mineral Railroad & Mining Co.
Superior Court of Pennsylvania
Appeal, No. , Oct. T., 1904, by plaintiff, from judgment of C. P. Northumberland Co., Feb. Term, 1903, No. 201, on verdict for plaintiff in case of John J. Esher and Margaret E. Esher v. Mineral Railroad & Mining Company. Trespass to recover damages for death of plaintiff’s minor son.
Read the full summary
Appeal, No. , Oct. T., 1904, by plaintiff, from judgment of C. P. Northumberland Co., Feb. Term, 1903, No. 201, on verdict for plaintiff in case of John J. Esher and Margaret E. Esher v. Mineral Railroad & Mining Company. Trespass to recover damages for death of plaintiff’s minor son. Before Auten, J. At the trial defendant presented, inter alia, these points: 14. Life has a value for the loss of which the survivors have a right to be compensated in view of the circumstances. The sound sense of the jury must ascertain the pecuniary value from the evidence in the case as best they may. Answer…
1Opinion of the Court
Opinion bv
Henderson, J.,
This is an appeal by the plaintiffs from the ruling of the court below on the measure of damages. An appeal by the defendant in the same case has been disposed of by an opinion this day filed. The court instructed the jury that if they should find for the plaintiffs they were entitled to recover for the expenses they had incurred by reason of the death of their son, and also the net value of his services until he reached the age of twenty-one years. In estimating the net value of services they were instructed to deduct the cost of his board and clothing and personal…
2Cases cited5 opinions
- Lehigh Iron Co. v. RuppSupreme Court of Pennsylvania · 1882
- Caldwell v. BrownSupreme Court of Pennsylvania · 1867
- North Pennsylvania Railroad v. KirkSupreme Court of Pennsylvania · 1879
- Pennsylvania Railroad v. AdamsSupreme Court of Pennsylvania · 1867
- Blauvelt v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1903
3Cited by4 opinions
- Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
- Palmer v. MorenDistrict Court, M.D. Pennsylvania · 1942
- Deninger et ux. v. American Locomotive Co.Court of Appeals for the Third Circuit · 1911
- Frantz Et Ux. v. GowerSuperior Court of Pennsylvania · 1935