McArdle v. Pittsburg Railways Co.

Citations

• 41 Pa. Super. 162
• 1909 Pa. Super. LEXIS 28

Syllabus

<p>Negligence — Death—Names of parties — Damages—Death of wife — Acts of April 15,1851, P. L. 669, and April 26,1855, P. L. 309.</p> <p>1. Where an action is brought by a husband to recover damages for the negligent killing of his wife, and the statement of claim does not set forth the names of the children, the statement may be amended by inserting such names, and this may be done even after the statute of limitations has run.</p> <p>2. Where a wife and mother is killed by the negligent act of another, the damages recovered for her death are distributable among the husband and the several children in such proportions as they would be entitled to take the personal property of the deceased in case of intestacy.</p> <p>3. If the husband dies pending the suit, his administrator may be substituted as plaintiff. In such a case the limit of recovery is not merely the loss of the decedent’s services “as wife and companion to her husband during the time that intervened between her death and that of her husband.”</p> <p>4. The measure of damages are in no way changed by the husband’s death. The loss of the husband and children was complete at the time suit was brought, and must be estimated as of that date.</p>