Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.

Citations

• 203 Pa. 511
• 53 A. 349
• 1902 Pa. LEXIS 752

Syllabus

<p>Negligence — Death—Damages—Parties entitled — Widow—Children—Act of April 26, 1855, P. L. 309.</p> <p>Under section 1 of the Act of April 26, 1855, P. L. 309, which provides that “the persons entitled to recover damages for any injury causing death shall be the husband, widow, children or parents of the deceased, and no other relative, and the sum recovered shall go to them in the proportion they would take in his or her personal estate in case of intestacy, ” children of full age whose family relation with the deceased had been severed are not entitled to any share of a judgment which the widow of deceased has recovered in an action for his death.</p> <p>It seems that where a judgment has been recovered by one person for the death of another under the Act of April 26, 1855, and other parties claim a share of the judgment, the proper remedy for such parties is by a bill in equity, and not by a rule to intervene as parties in the suit in which the judgment was recovered.</p>