hammakerdaughters 1919 superior court

suninfun Member Photo

Clipped by suninfun

 hammakerdaughters 1919 superior court - SUPERIOR COURT I ORDERSRETRIAL! Presiding...
SUPERIOR COURT I ORDERSRETRIAL! Presiding Justice Says Jurors J Must Have Been Partial I or Prejudiced Now niounifirltl, Ta.. April 22. Considerable Interest hus been created In Perry county tn the Impending retrial of the suit of Mr. and Mrs. Albert J. Haminaker. of Watts township. against the town - nhip for damages tor the death of their two daughters, which occurred when an oil wagon slid over a steep bank In Vv'atts township. In the recent trial of the suit, a Perry county court brought In a verdict of $110 for the two deaths and then a week later brought in a verdict of more than $2,100 in a suit for' damages for a broken leg, brought against Oliver township. Branding as "unconscionable" the verdict of the Perry county jury, the opinion handed down in Superior Court at Pittsburgh held that the award was inadequate and ordered a new trial. Perry county Judges had refused the application for a new trial requested by the parents of to honor the In his opinion, the Superior Court in judge felt that the damages "were so unreasonable and disproportionate to human life that we are convinced the Jurors must have been Influenced by partiality or prejudice, or by some misconception or tne the but evidence. It Is not necessary to hold ! that there must be substantial dam age allowed for the negligent death of child in every case. There may possibly be exceptional circumstances which may justify a jury in awarding nominal damages, but those circumstances do not exist in this case. It was the opinion of the Court that the lower court erred in the exercise of his judicial discretion in refusing a new trial. In the original case, negligence on the part of the Watts township supervisors was alleged. It Was held that the guard rail was not of the strength that it should have been. When the oil wagon started to slide on the slippery hill in the township, 1 it crashed through the guard rail and went down over the step bank. The two Hammaker children, who were riding with the driver, were instantly killed, but the driver suffered no severe injury. of bs number for ter in promoted the tive a

Clipped from
  1. Harrisburg Telegraph,
  2. 22 Apr 1919, Tue,
  3. Page 2

suninfun Member Photo
  • hammakerdaughters 1919 superior court

    suninfun – 24 Aug 2013

Want to comment on this Clipping? Sign up for a free account, or sign in