Maher v. Philadelphia Traction Co.

Citations

• 181 Pa. 391
• 40 W.N.C. 477
• 37 A. 571
• 1897 Pa. LEXIS 558

Syllabus

<p>Negligence — Death—Survival of action — Article III., section 12 of the constitution — Act of April 15, 1851 — Damages.</p> <p>Section 18 of the Act of April 15, 1851, P. L. 674, which tyas enacted to enforce article HI., section 12 of the constitution, and which provides for the survival of actions in negligence cases where the plaintiff dies, has not been either expressly or by implication repealed or modified by subsequent legislation: Birch v. Railway Co., 165 Pa. 339: Taylor’s Estate, 179 Pa. 254, followed.</p> <p>In a negligence case where the plaintiff has died and the action has survived to his personal representatives by virtue of section 18 of the Act of April 15,' 1851, P. L. 674, recovery may be had, not only for the mental and physical suffering up to the time of plaintiff’s death and diminution of earning power during a period of life which he would have probably lived had the accident not happened, but also for the value of the life.</p> <p>Negligence — Infant—Street railways — Question for jury.</p> <p>In an action against a street railway to recover damages for the death of a girl six years old, the case is for the jury where the evidence for the plaintiff, although contradicted, tends to show that the car which struck the child was run at an unusually high rate of speed; that no signal was given as the car approached the crossing where the child was struck, and that the car did not stop on either side of the cross street.</p>