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LEAR v. SHIRK'S MOTOR EXPRESS CORP.

397 Pa. 144 (1959)

Lear, Appellant, v. Shirk's Motor Express Corporation.

Supreme Court of Pennsylvania.

July 2, 1959.

Attorney(s) appearing for the Case

Arthur H. James, with him Nelson A. Bryan, and James P. Harris, Jr., for appellant.

J. Thirwall Griffith, with him Bedford, Waller, Griffith, Darling & Mitchell, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE McBRIDE, July 2, 1959:

This is a trespass action by Betty Lear, Administratrix of the Estate of Theodore F. Lear, deceased, to recover damages under the wrongful death act1 and the survival act,2 arising from the death of her husband, Theodore F. Lear, out of an accident allegedly caused by the negligence of defendant's employe, Melvin Seiger.

The accident occurred just before...

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