Elkin v. Buschner
Supreme Court of Pennsylvania
Error, No. 127, Oct. T. 1888, to O. P. No. 2 Allegheny Co., to review a judgment on a verdict for plaintiff, in an action of trespass on the case, bjr Eliza Buschner, widow, and Anna Bose and Maggie Buschner, minor children of John Gr. Buschner, deceased, against Henry Elkin and A. A. Elkin, his wife, to recover damages for the death of John Gr. Buschner, at April T. 1887, No. 422. The action is stated to be case, but the narr. is not printed in the paper-books.
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Error, No. 127, Oct. T. 1888, to O. P. No. 2 Allegheny Co., to review a judgment on a verdict for plaintiff, in an action of trespass on the case, bjr Eliza Buschner, widow, and Anna Bose and Maggie Buschner, minor children of John Gr. Buschner, deceased, against Henry Elkin and A. A. Elkin, his wife, to recover damages for the death of John Gr. Buschner, at April T. 1887, No. 422. The action is stated to be case, but the narr. is not printed in the paper-books. The facts appear in the following charge of the court, by White, J.: u The action is based mainly upon the Act of 1854, which is not…
1Opinion of the Court
Per Curiam,
This was a case for the jury; that is made manifest by an examination of the facts. To that body the court properly submitted those facts, and the verdict conclusively establishes the default of the defendant in furnishing intoxicating drink to Buschner when intoxicated, in consequence of which he lost his life.
The judgment is affirmed.
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