Schnatz v. Phila. & Reading R. R.

Citations

• 160 Pa. 602
• 28 A. 952
• 1894 Pa. LEXIS 852

Syllabus

<p>Railroads — Negligence—Evidence—Parent and child — Act of April 4, 1868: Act of April 26, 1855. ,</p> <p>Tlie act of April 26, 1855, P. L. S09, relating to damages for accidental death, makes no distinction between children over age and those under, between those married or single, between those having homes and families of their own and those still members of the parents’ household. Such facts may have significance in determining the amount of damages pecu-' niarily suffered, as limited by the act of April 4, 1868, P. L. 58, but they do not affect the statutory right on the part of children to a standing in court as claimants or suitors.</p> <p>If children, although not living with their parent, have a reasonable expectation of pecuniary advantage from the continued life of the parent, they are entitled to recover damages for such loss.</p> <p>Occasional gifts made or services rendered by a parent to children who have left the parental home and established homes of their own, are not sufficient proof on which to found a pecuniary loss. Per Mr. Justice Deán.</p> <p>Three sisters sued a railroad company for the negligent killing of their mother. The evidence showed that the mother lived in a mountainous region in the country, while all three of the sisters lived in a city. All of the parties were in very moderate circumstances. Two of the sisters, with almost unbroken regularity, spent the summer with their mother, without paying board. The mother at times gave money and clothing to one of the daughters who was unmarried. It also appeared that when the married daughters were ill, the mother went to the city and nursed them without charge; and that for sixteen years prior to the accident the mother had furnished one daughter with the potatoes used in her household, without charging for them. Held, that the evidence was sufficient to sustain a verdict of $2700 in favor of the daughters.</p>