McCleary v. Pittsburg Railways Co.
Superior Court of Pennsylvania
Appeal, No. 135, April T., 1911, by plaintiffs, from judgment of C. P. Washington Co., May T., 1909, No. 180, on verdict for plaintiffs in case of Manson T. McCleary and Nellie I. McCleary v. Pittsburg Railways Company. Trespass to recover damages for death of a child six years old. Before Taylor, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 135, April T., 1911, by plaintiffs, from judgment of C. P. Washington Co., May T., 1909, No. 180, on verdict for plaintiffs in case of Manson T. McCleary and Nellie I. McCleary v. Pittsburg Railways Company. Trespass to recover damages for death of a child six years old. Before Taylor, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: If you come to the conclusion, gentlemen of the jury, from all the evidence that the defendant company failed to observe a duty here that they reasonably owed to this child, the street car company,…
1Opinion of the Court
Opinion by
Head, J.,
The verdict of the jury has established that the infant son of the plaintiffs, under six years of age, was killed by the negligent operation of the defendant’s car. On the trial the plaintiffs were able to prove that the father had been required to pay funeral expenses, etc., to the amount of $147. They did not undertake to call any witness to prove, by opinion or estimate or otherwise, the pecuniary value to them of the life which had been lost. By reason of this the learned trial court instructed the jury that there was no evidence for their consideration which would…
2Cases cited6 opinions
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1858
- Delaware R. v. Jones, Pennsylvania Court of Common Pleas, Luzerne County1889
- North Pennsylvania Railroad v. RobinsonSupreme Court of Pennsylvania · 1863
- Peters v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1909
- Pennsylvania Railroad v. KellerSupreme Court of Pennsylvania · 1871
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- Kowtko v. Delaware and Hudson Railroad Corp.District Court, M.D. Pennsylvania · 1955
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