Lhota v. Oppenheimer & Co.

Citations

• 247 Pa. 280
• 93 A. 476
• 1915 Pa. LEXIS 822

Syllabus

<p>Negligence — Survival of action — Death of plaintiff before trial —Act of April 15, 1851, Sec. 18, P. L. 669, Constitution of Pennsylvania, Article 8, Sec. 21.</p> <p>1. Where the plaintiff in an action for personal injuries dies before trial, his personal representatives may be substituted as party plaintiff and may prosecute the action for the benefit of the decedent’s estate.</p> <p>2. Section 18 of the Act of April 15, 1851, P. L. 669, relating to the survival of actions.for injuries resulting from negligence is not modified or annulled by Section 21 of Article 3, of the Constitution of Pennsylvania, providing that in such cases “the right of action shall survive and the general assembly shall prescribe for whose benefit such actions shall be prosecuted.”</p>