Legal Opinion

Pennsylvania Railroad v. Keller

Supreme Court of Pennsylvania

Decided February 9, 1871PublishedCited by 9 opinions

Certificate from Nisi Prius, No. 65, to January Term 1866. This was an action on the case brought September 18th 1865, by Louisa Anker against the Pennsylvania Railroad Company for negligence resulting in the death of her son, Herman Anker, whilst a passenger on the defendants’ cars.

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Certificate from Nisi Prius, No. 65, to January Term 1866. This was an action on the case brought September 18th 1865, by Louisa Anker against the Pennsylvania Railroad Company for negligence resulting in the death of her son, Herman Anker, whilst a passenger on the defendants’ cars. The declaration, filed March 31st 1866, after setting out that the deceased had been a passenger on the defendants’ cars, and had lost his life by their negligence, averred that he died leaving no father, and that she being his mother was entitled to recover damages for his death, whereby she was deprived of her…

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, C. J.

The first thing we shall notice is the complaint of error in allowing the record to be amended at a term antecedent to the trial below, by changing the names of the plaintiffs. This the Act of the 4th of May 1852 fully authorized, if made apparent to the court that there was an error in the original institution of the suit. But we will not dwell on a matter so well settled, as the right of the court to allow such an amendment as was permitted in this case, on considerations which-showed that in justice it ought to be made. The…

2Cited by9 opinions

  1. McHugh v. SchlosserSupreme Court of Pennsylvania · 1894
  2. Darbrinsky v. Pennsylvania Co.Supreme Court of Pennsylvania · 1915
  3. Hammaker v. Watts TownshipSuperior Court of Pennsylvania · 1919
  4. McCleary v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1911
  5. Palmer v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1907

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