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MARKO v. PHILA. TRANSP. CO.

420 Pa. 124 (1966)

Marko, Appellant, v. Philadelphia Transportation Company.

Supreme Court of Pennsylvania.

January 4, 1966.

Attorney(s) appearing for the Case

Edwin E. Naythons, with him Freedman, Borowsky and Lorry, for appellant.

Harry A. Takiff, with him Martin Greitzer, and Takiff & Bolger, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, January 4, 1966:

The plaintiff in an action of trespass appeals from the decision of the court below, sustaining preliminary objections to the complaint in the nature of a demurrer.

The single question for decision may be stated thusly: Is there a right of recovery under the Pennsylvania Wrongful Death Act1 and Survival Statute2 by the administrator of an estate on behalf...

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