Moe v. Smiley

Citations

• 125 Pa. 136
• 17 A. 228
• 1889 Pa. LEXIS 701

Syllabus

<p>1. The action for damages given by §§ 18, 19, act of April 15, 1851, .' P. L. 674, and § 1, act of April 26,1855, P. L. 309, to the widow, children, etc., of one whose death has been occasioned by unlawful violence or negligence, cannot be maintained against the executor or administrator of the wrongdoer.</p> <p>2. Section 21, article III. of the constitution, providing that in ease of such injuries resulting in death the right of action shall survive, moans that such right shall survive to the personal representatives of the injured party, not against the executor or administrator of tho person whose violence or negligence occasioned the injury.</p>