Ferrara v. West Jersey & Seashore Railroad

Citations

• 73 Pa. Super. 505
• 1920 Pa. Super. LEXIS 49

Syllabus

<p>Negligence — Carriers—Damages—Husband and wife.</p> <p>A common carrier is responsible for medical and hospital aid furnished to a person injured by reason of its negligence, where the aid was furnished and the action brought by a plaintiff under the bona fide impression that he was the true and lawful husband of the injured party, notwithstanding the fact that it was subsequently established, in a criminal proceeding against the wife, that a state of lawful wedlock did not exist.</p> <p>When the plaintiff provided for such care, not as a volunteer, but under a mistake of fact, he should not in equity or good conscience be deprived of the right to be reimbursed.</p> <p>Practice, C. P. — Vacating judgment — Discretion of court.</p> <p>The action of the lower court in refusing to open judgment will be affirmed, where it appears the facts set forth in the petition were considered insufficient to warrant the granting of the request made therein, and the court below was of the opinion that no injustice would be done by the execution of the judgment, and where there has been no abuse of the discretionary power of the court.</p>