CARROLL v. SKLOFF.


415 Pa. 47 (1964)

Carroll, Appellant, v. Skloff.

Supreme Court of Pennsylvania.

July 1, 1964.


Attorney(s) appearing for the Case

Allen T. Newman, with him Benjamin Kuby, and Klovsky and Kuby, for appellant.

Francis E. Shields, with him Richard J. Van Roden, and Pepper, Hamilton and Scheetz, for appellee.

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


OPINION BY MR. JUSTICE EAGEN, July 1, 1964:

The interesting question posed by this appeal may be stated as follows: Is there a right of recovery under the Pennsylvania Wrongful Death Act1 and Survival Statute2 by the administrator of an estate on behalf of an infant aborted, while en ventre sa mere, as the result of a direct trauma?

The issue came before the...

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