Crider v. Moorhead

Citations

• 51 Pa. Super. 532
• 1912 Pa. Super. LEXIS 254

Syllabus

<p>Negligence — Death—Personal injuries — Survival of action — Act of-April 15, 1851, secs. 18 and 19, P. L. 669.</p> <p>1. Under see. 18 of the Act of April 15, 1851, P. L. 669, where an action is brought by a person who has sustained personal injuries through the negligence or default of another, and the plaintiff dies before the suit is concluded, his personal representatives may be substituted as plaintiff, and it is immaterial whether the death was the result of the injuries or not.</p> <p>2. The remedy provided by sec. 19 of the Act of April 15, 1851, giving a right of action for death to the surviving family of the deceased, only confers such right where death has been caused by unlawful violence or negligence, and where no suit for damages has been brought by the injured party in his lifetime. These two conditions must concur in order to give the right of action. Hill v. Penna. R. R. Co., 178 Pa. 223, explained and distinguished.</p>