Usher v. West Jersey R.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 328 January Term 1888, Sup. Ct.; court below, No. 33 March Term 1886, C. P. No. 4. On February 27, 3886, Josephine Usher brought an action in case against the West Jersey Railroad Company, the narr charging, inter alia, that the defendant company, in carrying John F. Usher from Camden to Cape May, by its carelessness and negligence caused his death and by reason thereof became liable to the plaintiff and…
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ERROR TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 328 January Term 1888, Sup. Ct.; court below, No. 33 March Term 1886, C. P. No. 4. On February 27, 3886, Josephine Usher brought an action in case against the West Jersey Railroad Company, the narr charging, inter alia, that the defendant company, in carrying John F. Usher from Camden to Cape May, by its carelessness and negligence caused his death and by reason thereof became liable to the plaintiff and her child, the widow and next of bin of the deceased, for the injury sustained by them. The defendant pleaded, not guilty.…
1Opinion of the Court
Opinion,
Me. Justice Mitchell :
John F. Usher was killed by an accident upon the defendant’s road in New Jersey, under circumstances of negligence, as we must assume, for which he would have had an action had he been only injured. But having been killed, his right of action, under the universal rule of the common law, terminated with his life. If any right of action remained, it must have been wholly based upon statute, and as the occurrence out of which, if at all, the right must arise, took place in New Jersey, it is to the statutes of that state alone that we must resort to ascertain the…
2Cases cited11 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Brock v. MilliganOhio Supreme Court · 1840
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- Maxson v. McElhinneySupreme Court of Pennsylvania · 1952
- Gossard v. GossardSupreme Court of Pennsylvania · 1935
- Keep v. National Tube Co.U.S. Circuit Court for the District of New Jersey · 1907
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