Thompson v. Delaware, Lackawanna & Western Railroad

Citations

• 41 Pa. Super. 617
• 1910 Pa. Super. LEXIS 275

Syllabus

<p>Negligence — Infant—Contributory negligence — Question for jury.</p> <p>1. In an action to recover damages for the death of a child seven years old, the case is for the jury where the evidence as to contributory negligence of the custodian of the child at the time of the accident, is conflicting.</p> <p>Negligence — Infant—Parent and child — Illegitimate child — Act of July 10, 1901, P. L. 639.</p> <p>2. Since the Act of July 10, 1901, P. L. 639, the mother of an illegitimate child is entitled to recover damages for the negligent killing of the child by the act of another.</p> <p>3. While statutes which give a right to the personal representative or next of kin of a deceased to recover for tortious acts of others, should be construed strictly, yet inasmuch as they are remedial in providing a remedy for an obvious wrong, they should be construed liberally so as to carry into effect the remedial purpose.</p> <p>4. The effect of the act of 1901, was to confer upon an illegitimate child, as between itself and its mother all the rights and privileges of a child born in lawful wedlock. The purpose of the act was to legitimate an illegitimate child as to its mother.</p>