Black v. Baltimore & Ohio Railway Co.

Citations

• 224 Pa. 519
• 73 A. 903
• 1909 Pa. LEXIS 833

Syllabus

<p>Negligence — Death—Damages—Actions—Acts oj April 15,1851, P. L. 669, and April 26, 1855, P. L. 309.</p> <p>Where a person is injured by the negligence of another and brings an action for the injuries sustained, but dies before the suit is concluded, his children have no right to maintain an independent action of their own under sec. 19 of the Act of April 15, 1851, P. L. 669. In such a case the pending suit must be prosecuted by the personal representatives of the deceased. It is not open for the children to elect to bring another action, and to disregard the pending suit or discontinue it.</p>