Birch v. Pittsburg, Cincinnati, Chicago & St. Louis Railway

Citations

• 165 Pa. 339
• 30 A. 826
• 1895 Pa. LEXIS 1005

Syllabus

<p>Negligence—Actions—Parties—Survival of action—Death—Acts of April 15, 1851, and April 26, 1855.</p> <p>Under the act of April 15, 1851, P. L. 674, where a person institutes an action to recover damages for personal injuries caused by the negligence of defendant, but djes before the case is called for trial, the executors or administrators of the deceased may be substituted as plaintiffs, and prosecute the suit to final judgment and satisfaction.</p> <p>The right of action for death given by § 19 of the act of April 15,1851, P. L. 674, as amended by § 1 of the act of April 26, 1855, is conditioned upon the two concurring facts (1) that the injured party’s death was occasioned by violence or negligence, and (2) that ho suit for damages had been brought by him.</p> <p>The only purpose of the act of 1855, was to designate the persons who, in connection with the widow, and in lieu of ‘ ‘ the personal representatives ” should thereafter be entitled to exercise the statutory right of action, and recover damages for the death. In other respects the act of April 26,1855, did not either expressly or by implication repeal or modify the act of April 15, 1851.</p>