Western Union Telegraph Co. v. Preston
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Action at law by Mary E. Preston against the Western Union Telegraph Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WOOEEEY, Circuit Judge.
Preston, a telegraph lineman in the employ of the defendant below, was injured in September, 1905. He died in October, 1915.
*230Preston brought no suit for damages during his life. His widow brought this action within one year after his death. She alleged, and the jury found, that her husband’s injuries were due to negligence of the defendant and that his death was occasioned by the injuries he had sustained.
[1] The action is brought under statutes of the commonwealth of Pennsylvania, which read:
“Whenever death shall be occasioned by unlawful violence or negligence, and no…
2Cases cited21 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
- Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Louisville, Evansville, & St. Louis Railroad v. ClarkeSupreme Court of the United States · 1894
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3Cited by13 opinions
- Russell v. Ingersoll-Rand Co.Texas Supreme Court · 1992
- Peterson v. UnderwoodCourt of Appeals of Maryland · 1970
- Oliveria v. OliveriaMassachusetts Supreme Judicial Court · 1940
- Pine Street Trading Corp. v. Farrell Lines, Inc.Court of Appeals of Maryland · 1976
- Homiewicz v. OrlowskiSuperior Court of Delaware · 1928
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