Cleveland & Pittsburg Railroad v. Rowan

Citations

• 66 Pa. 393
• 1871 Pa. LEXIS 49

Syllabus

<p>1. In an action for death by negligence, it is not necessary in the first place to disprove contributory negligence in the deceased.</p> <p>2. If negligence appears by the plaintiff's testimony the defendant may rest upon it.</p> <p>3. Love of life and the instinct of preservation being the highest motive for care, they will stand for proof of it, until the contrary appear.</p> <p>4. The statutory rule since the Act of April 4th 1868 is that exemplary damages cannot be recovered, but only compensation for loss which, has been pecuniarily suffered.</p> <p>5. Whether the statute applies to injuries not resulting in death, damages for which are a common-law right, not decided.</p> <p>6. Damages for death are exclusively statutory and are capable of restriction and limitation by the legislature.</p> <p>7. In an action by a parent for the death of a child, damages may be recovered for nursing, medical expenses before death and funeral expenses.</p>