Shambach v. Middlecreek Electric Co.
Superior Court of Pennsylvania
Appeal, No. 23, March T., 1910, by plaintiff, from judgment of C. P. Snyder Co., Oct. T., 1907, No. 59, for defendant non obstante veredicto in case of Ida Shambach v. Middlecreek Electric Company. Trespass to recover damages for death of plaintiff’s husband. Before McClure, P. J. The case turned on the question whether the widow had the right to settle the suit.
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Appeal, No. 23, March T., 1910, by plaintiff, from judgment of C. P. Snyder Co., Oct. T., 1907, No. 59, for defendant non obstante veredicto in case of Ida Shambach v. Middlecreek Electric Company. Trespass to recover damages for death of plaintiff’s husband. Before McClure, P. J. The case turned on the question whether the widow had the right to settle the suit. At the trial the jury returned a verdict for plaintiff for $1,320.80. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
On a motion for defendant non obstante veredicto McClure, P. J., filed an opinion the material portion of which was as follows:
Another question embraced in the reservation is, Did the -release executed by the plaintiff, the widow of Shambach, bar the children’s right to recover damages caused by the death of their father? While one of the objections to the admission of the release in evidence was that it did not pretend to release the rights of the children to damages, it was not dwelt upon at the argument, and the case was *301rested upon the want of power in the widow to compromise the claims…
2Cases cited20 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
- Birch v. Pittsburg, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1895
- Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.Supreme Court of Pennsylvania · 1902
- Marsh v. Western New York & Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1903
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3Cited by1 opinion
- Commonwealth v. ParksSuperior Court of Pennsylvania · 1980