Miller v. Director General of Railroads
Miller v. Director General of Railroads
Opinion of the Court
Opinion by
On January 13, 1919, John W. Miller, Jr., plaintiff’s deceased husband, was a passenger on one of defendant’s local trains, and, as a result of a collision between it and another of defendant’s trains traveling in the same direction on the same track, received “a very small insignificant looking cut [skin deep]......across the bridge of the nose.” The wound was “healing slowly [the slowness probably being due to his age, which was seventy years], but it had never entirely healed,” when, on February 16, 1919, “symptoms of erysipelas” developed, which also “had practically cleared up” when, on March 1st or 2d, 1919, “he commenced to have a trouble in his chest, and......developed a pleuro-pneumonia,” from which he died on March 9, 1919. Plaintiff averred in her statement of claim that “the erysipelas and the pneumonia and his death were all the direct result of the injury and blow received upon his nose” at the time of the accident.
At the trial the case was submitted to the jury, which rendered a verdict for defendant, and from the judgment entered thereon plaintiff appeals, alleging as error only the following extract from the charge to the jury : “The germ [of erysipelas] may be brought into contact with the membranes of the body in a variety of ways. It
The error complained of, is, however, a harmless one, since the court below should have given binding instructions for defendant. In addition to the injury to the nose, decedent’s physician, called by plaintiff, testified that, at the time of the accident, and continuously for at least six months prior thereto and until his death, decedent had an enlarged prostate gland from which
It follows that binding instructions should have been given to the jury, so far as defendant’s liability for the death is concerned; and since, under the Act of April 15, 1851, P. L. 674, plaintiff’s right to personally maintain this action depended on establishing the fact that her husband’s death was “occasioned by unlawful violence or negligence,” the negation thereof necessarily also defeats her right to recover the expenses attendant upon his illness and burial; and this obviates the necessity of considering whether or not, if successful on the main question, she could have recovered them in this form of action.
The judgment of the court below is affirmed.
Reference
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- Syllabus
- Negligence—Railroads — Disease resulting from injury — Evidence. 1. Where it is alleged a disease resulted from an injury negligently inflicted by defendant, it is not necessary to show that the germ of the disease was implanted in his body at the time of the injury. 2. Under such circumstances it is sufficient to show with reasonable certainty that the disease was caused by the injury received, and, if death follows, that the disease resulted in death, without any intermediate cause not attributable to defendant’s wrongful act. 3. In considering this question, the period of time between the injury and the death, while an important factor, is not conclusive. Negligence—Proximate cause—Evidence. 4. Where one of two or more possible causes may have resulted in injury or death, plaintiff must show that the one for which defendant was responsible was the proximate cause, and that the injury or death followed as the natural and probable result thereof, without any intermediate cause not attributable to defendant’s wrongful act. Negligence—Damages—Widow—Expenses of illness a/nd burial —Act of April 15, 1851, P. L. 67b. 5. A widow cannot recover expenses incurred during the illness and for the burial of her husband, unless she shows that his death was occasioned by unlawful violence or negligence, as provided by the Act of April 15, 1851, P. L. 674. Appeals—Harmless error. 6. Where an error is harmless it does not furnish ground for reversal.