Toenges v. Schleihauf

368 Pa. 247 (1951)

Toenges, Appellant,

v.

Schleihauf, Appellant.

Supreme Court of Pennsylvania.

Argued October 4, 1950.

Reargued May 22, 1951.

June 27, 1951.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

John E. Evans, Sr., with him Evans, Ivory & Evans, for plaintiff.

Sanford M. Chilcote, with him Dickie, Robinson & McCamey, for defendant.

OPINION BY MR. JUSTICE HORACE STERN, June 27, 1951:

As the court below correctly decided, the contributory negligence of the decedent bars the right of the executor of her estate to recover damages in this action because of her death.

As far…