Haughey v. Pittsburg Railways Co.

Citations

• 210 Pa. 367
• 59 A. 1112
• 1904 Pa. LEXIS 898

Syllabus

<p>Negligence—Death—Parties—Widow and, children—Act of April 26, 1855, P. L. 309.</p> <p>Where a husband is killed through the negligent act of another and leaves to survive him a widow and children the action for his death must be brought in the widow’s name alone, although the damages recovered are to be shared with the children in the proportion they would take the personal estate in case of intestacy.</p> <p>If in such a case the children are joined with the widow through a next friend as parties plaintiff, and a nonsuit is entered, and the children take a separate appeal in their own names, their appeal will be quashed.</p>