Jason Started with Porsche Wyoming Valley in January of 2018. His favorite Porsche is 911 Targa GTS. "I don't know how to put this, but I'm kind of a big deal."
Kyle has been with Porsche Wyoming Valley since 2012. He is an alumni of Dallas High School and graduated from the Automotive Technology Degree Program of Luzerne County Community College. His favorite car is the Porsche 959, which was the world's fastest production car of its time (1986-88). His hobbies include attending car shows, track events, concerts and going snowboarding.
Dalton started with Porsche Wyoming Valley in November of 2014. His favorite Porsche is the 993 Turbo. He has held many jobs with the company and now works with our Finance team. He enjoys the smell of the ocean, purple sunsets and surfing in the rain.
Hobbies: Golf, Dallas Cowboys Football, Syracuse Orange Basketball.
Ray Started with Porsche Wyoming Valley in January of 2018. He is also a Physical trainer and Nutritionist. "Everyday we've got to do something physical. It's mind, body and spirit."
Josh began working with Porsche Wyoming Valley in 2008 after working for many years in the golf industry as a PGA Professional. Fortunately for him, he has many contacts in the golf business, which allows him to welcome many of his old friends and new guests to our dealership and provide them with a familiar and friendly face when they arrive. He resides in Mountain Top with his wife and two dogs. In addition to golf, he enjoys traveling, skiing and snowboarding.


From Spokane or the Diamond Lake area, continue East on Highway 2 towards Newport. Turn left or North onto Coyote Trail (at about mile marker 328). Go North on Coyote Trial for about 1.5 miles (cross Southshore Diamond Lake Rd) to Deer Valley Rd. Turn right or East onto Deer Valley Rd for about 1 mile. Turn right at the chain link gate entrance to the South County Transfer Station.
South County Station is west of Newport off Highway 2 and Gray Road. They are open 8am-4pm Thursday through Monday; and closed Tuesday and Wednesday, 509-447-3054.
Central County Station is off Highway 211 at Jared Road. They are open 8am-4pm only on Wednesday and Saturday, 509-445-0222.
North County Station is east of Ione located at 1712 Sullivan Lake Road. They are open from 8am-4pm only on Wednesday and Saturday, 509-442-3051.
There are four HOLIDAYS when the transfer stations are CLOSED: 1) New Years Day, 2) Labor Day, 3) Thanksgiving Day and 4) Christmas Day. All other holidays such as Memorial Day and July 4th are OPEN days IF they fall on a normal, working, business day.


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Published on October 29th, 2018 | by Ken Klein
Dueling Billboards Debate Topics of the Day
Think of a topic of the day… it's debated on billboards. Some say impeach the President; others say "Thank you, President Trump."
Even topics you haven't thought of (like, say, the pros and cons of cruise ships in Charleston) are hashed out on billboards.
This attribute – billboards' ability to crystallize arguments for all to see – is worth examining because of an important First Amendment court battle in America's heartland.
The City of Cincinnati, defending its targeted tax on billboards, told the court that billboards are "economic conduct and not protected expression." On October 17, the judge disagreed, invalidating the tax as a burden on speech protected by the First Amendment.
"Government may not single out and direct or target a tax solely at the exercise of First Amendment rights or at the means or instruments utilized in exercising First Amendment rights," said Judge Curt C. Hartman, Court of Common Pleas, Hamilton County, OH.
A wide range of speakers express competing viewpoints on billboards, which communicate controversial ideas the First Amendment was designed to protect.
Here are 10 examples of dueling billboards:
After an anti-Trump group announced plans for an "Impeachment Now" billboard along a presidential motorcade route in Florida, the pro-Trump response was quick.
"When we saw the billboards go up, we said, 'we're not going to let them have the field to themselves,'" said Ted Harvey, chairman of the Committee to Defend the President.
Sometimes, political debate occurs on the same billboard. In upstate New York, a Democratic group slammed Congressman John Katko (R-NY) for supporting the Republican tax cut. Katko, seeking re-election, bought the same digital billboard, near the New York State Fair, to claim his Democratic opponent wants to raise taxes.
2. Hyper-Local Debates
In Charleston, SC, some wanted more regulations of cruise ships, putting up a billboard in 2011 along Interstate-26.
A pro-cruise group responded with its counter-message: "CRUISE ON IN … WELCOME and THANK YOU."
Billboards often are part of a multi-media mix to affect public opinion. In a labor-management fight in Atlantic City, both sides used billboards, TV, radio, print, and dueling websites.
3. Polarization
A group of Texans in Amarillo posted a GoFundMe page to put up a billboard saying everyone is welcome in Texas.
They were responding to another billboard – near Vega, TX – that asked liberals to leave the state.
This back-and-forth (in June) inspired global publicity and social media buzz, which is typical in billboard debates.
4. Cannabis
Anti-pot billboards in Arizona lamented that traffic deaths increased in Colorado due to the legalization of marijuana. The anti-pot group (Arizonans For Responsible Drug Policy) was responding to pro-marijuana billboards posted earlier in 2017.
A Forbes contributor referred to the 2014 Super Bowl as The Stoner Bowl when dueling billboards surrounded MetLife Stadium for the Broncos-Seahawks game.
5. Sexual Identity
Topeka is home to the anti-gay Westboro Baptist Church. After a billboard appeared in Topeka proclaiming "God Loves Gays," the activist church responded with four billboards espousing the opposing view. One asked, "Why did God Destroy Sodom?"
6. Religion
In a holiday tradition of sorts, atheists sponsor billboards urging people to skip church for Christmas.
Meanwhile, millions have seen proselytizing billboards posted by Ohio-based Christian Aid Ministries featuring a toll-free number that generates hundreds of calls a day: "A lot of them are people who want to know how to get to heaven," said one ministry man who answers these calls.
7. Guns and the Second Amendment
The gun debate, with deep passion on all sides, generates stir-it-up billboard copy. In Greeley, CO, people who fear loss of gun rights posted billboards loaded with historic symbolism.
Earlier this year, the North Carolina Council of Churches posted an interstate bulletin that said the Second Commandment outweighs the Second Amendment.
More people are killed by lightning and elevator mishaps than by wolves, said pro-wolf billboards posted by Defenders of Wildlife.
The environmental group was responding to anti-wolf billboards that asked "Who's Next on Their Menu?" suggesting the answer could be livestock, other wildlife, or a child on a swing. The Spokesman-Review explained the debate.
9. Abortion
Abortion is murder, not healthcare, said billboards in Dallas this summer.
"It is the number one killer of life in our community," said Pastor Stephen Broden.
The Dallas-based Afiya Center countered with billboards positioning abortion as self-care. CBS 11 in Dallas covered the story.
10. Confederate Statues
In the national debate over monuments to the Confederacy, Charlottesville, VA, is a hot spot. A pro-monument group called Virginia Flaggers sponsored billboards there, heralding statues of General Robert E. Lee and Stonewall Jackson.
On September 4, a multi-media campaign Make It Right Project put up a billboard in Charlottesville that said: "Monumental Change Needed."

redpajama_set_name: RedPajamaCommonCrawl


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Seeing red: Poetry and metaphor as responses to representational challenges in critical narrative research
Prosser, B. J., 1 Jan 2009, In: International Journal of Qualitative Studies in Education. 22, 5, p. 607-622 16 p.
Selective and Graded Recruitment of Cat Hamstring Muscles with Intrafascicular Stimulation
Dowden, B. R., Wilder, A. M., Hiatt, S. D., Normann, R. A., Brown, N. A. T. & Clark, G. A., 1 Dec 2009, In: IEEE Transactions on Neural Systems and Rehabilitation Engineering. 17, 6, p. 545-552 8 p., 5208177.
Self-management of Routing on Human Proximity Networks
Williamson, G., Cellai, D., Dobson, S. & Nixon, P., 2009, Self-Organizing Systems: Proceedings of the 4th IFIP TC 6 International Workshop, IWSOS 2009, Zurich, Switzerland, December 9-11, 2009. Spyropoulos, T. & Hummel, K. A. (eds.). Berlin: Springer, p. 1-12 12 p.
Sensationalising sex offenders and sexual recidivism: Impact of the Serious Sex Offenders Monitoring ACT 2005 on media reportage
Ducat, L., Thomas, S. & Blood, W., 2009, In: Australian Psychologist. 44, 3, p. 156-165 10 p.
Sentences from the Archive
Webb, J., 2009, In: Performance Paradigm. 5.1, 1, p. 1-13 13 p.
Separation and sample pre-treatment in bioanalysis using monolithic phases: A review
Saunders, K. C., Ghanem, A., Boon Hon, W., Hilder, E. F. & Haddad, P. R., 12 Oct 2009, In: Analytica Chimica Acta. 652, 1-2, p. 22-31 10 p.
Service Dominant Logic: Is it Simply Repositioning Relationship Marketing
Johns, R., Blackman, D. & Low, D., 2009, ANZAM Conference - Sustainable Management Marketing. Beaumont, N. (ed.). Melbourne: ANZAM, Vol. 1. p. 1-14 14 p.
Services Trade: Splintering and Disembodiment in Educational Exports
Mahony, G., 2009, p. 26. 1 p.
Research output: Contribution to conference (non-published works) › Paper
Setting conservation targets for freshwater ecosystems in forested catchments
Richardson, J. & Thompson, R., 2009, Setting Conservation Targets for Managed Forest Landscapes. Villard, M-A. & Jonsson, B. G. (eds.). United Kingdom: Cambridge University Press, p. 244-264 21 p.
Sex ratio patterns according to Asian ethnicity in Québec, 1981-2004
Auger, N., Daniel, M. & Moore, S., Jan 2009, In: European Journal of Epidemiology. 24, 1, p. 17-24 8 p.
She Works Hard for the Money: Australian Women and the Gender Divide
Cassells, R., Miranti, R., Nepal, B. & Tanton, R., 2009, Sydney, NSW: AMP, p. 1-44, 44 p.
Should the International Income of an Australian Resident be Taxed on a Worldwide or Territorial Basis?
McLaren, J., 2009, In: Australasian Tax Teachers Association. Journal. 4, 1, p. 71-94 24 p.
Sir Henry Bland and the Fraser Government Administrative Review Committee: Another Chapter in the Statutory Authority wars?
Wettenhall, R. & Gourley, P., 2009, In: Australian Journal of Public Administration. 68, 3, p. 351-369 19 p.
Sishane ve Tasarim Odakli Kentsel Donusum
: Sishane and Design oriented Urban Renewal
CETINKAYA SENDAS, M., 2009, p. 1-14. 14 p.
Research output: Contribution to conference (non-published works) › Paper › peer-review
Situvis: A Visual Tool for Modeling a User's Behaviour Patterns in a Pervasive Environment
Clear, A., Shannon, R., Holland, T., Quigley, A., Dobson, S. & Nixon, P., 2009, Pervasive Computing: Proceedings of the 7th International Conference, Pervasive 2009, Nara, Japan, May 11-14, 2009. Tokuda, H., Beigl, M., Friday, A., Brush, A. J. B. & Tob, Y. (eds.). Berlin: Springer, p. 1-15 15 p.
Hetherington, P., 2009
Slow Midwifery
Browne, J. & Chandra, A., 2009, In: Women and Birth. 22, 1, p. 29-33 5 p.
Small area and individual level predictors of physical activity in urban communities: a multi-level study in Stoke on Trent, England
Cochrane, T., Davey, R., Gidlow, C., Smith, G., Fairburn, J., Armitage, C., Stephansen, H. & Speight, S., 2009, In: International Journal of Environmental Research and Public Health. 6, 2, p. 654-677 33 p.
Small Area Poverty estimates for Australia's eastern seaboard in 2006
Tanton, R., McNamara, J., Harding, A. & Morrison, T., 2009, New frontiers in microsimulation modelling. Zaidi, A., Harding, A. & Williamson, P. (eds.). 1st ed. Surrey, UK: Ashgate Publishing Limited, p. 79-95 17 p.
Social capital and health in Australia
Berry, H., 2009, Families, Incomes and Jobs, Volume 4: A Statistical Report on Waves 1 to 6 of the HILDA Survey. Wilkins, R., Warren, D. & Hahn, M. (eds.). 1 ed. Melbourne: Melbourne Institute of Applied Economic and Social Research, University of Melbourne, p. 173-179 7 p.
Social capital and mental health among Aboriginal Australians New Australians and Other Australians in a coastal region
Berry, H., 2009, In: Australian e-Journal for the Advancement of Mental Health. 8, 2, p. 142-154 13 p.
Social capital in Australian sport
Zakus, D. H., Skinner, J. & EDWARDS, A., 2009, In: Sport in Society. 12, 7, p. 986-998 13 p.
Social Exclusion of Children: The Regional Dimension
Lewis, P. & Corliss, M., 2009, In: Australasian Journal of Regional Studies. 15, 2, p. 195-211 17 p.
Social Inclusion Initiatives: The Effect of 'Joined Up' Approaches
McNamara, J. & Payne, A., 2009, Canberra, Australia: NATSEM for ACT Chief Minister's Department, p. 1-19, 19 p.
Socially Responsible Practices of Australian SMEs: An Australian Perspective
Mankelow, G. & Quazi, A., 2009, Marketing in Transition: Scarcity, Globalism Sustainability. Campbell, C. J. (ed.). Oslo, Norway: Academy of Marketing Science, Vol. 14. p. 118-123 6 p.
Social Media: The Death or Salvation of Professional Journalism
Posetti, J., 2009
Social Media and Sport Marketing
Hassan, D. & EDWARDS, A., 2009, Social Capital and Sport Governance in Europe. Groeneveld, M., Houlihan, B. & Ohl, F. (eds.). New York: Taylor & Francis, p. 47-47 1 p.
Socio-economic change and party survival
Botterill, L. & Cockfield, G., 2009, The National Party: Prospects for the Great Survivors. Cockfield, G. (ed.). 1 ed. Sydney: Allen & Unwin, p. 1-9 9 p.
Socioeconomic disparities in low birth weight outcomes according to maternal birthplace in Québec, Canada
Moore, S., Daniel, M. & Auger, N., Feb 2009, In: Ethnicity and Health. 14, 1, p. 61-74 14 p.
Software Engineering Ethics in a Digital World
Awais, R. & Lucas, R., 2009, In: Computer. 42, 6, p. 34-41 8 p.
Soils ain't soils: Context and issues facing soil scientists in a forensic world
Robertson, J., 1 Jan 2009, Criminal and Environmental Soil Forensics. Ritz, K., Dawson, L. & Miller, D. (eds.). 1 ed. Netherlands: Springer, p. 3-12 10 p.
Solvents Versatility of Immobilized Amylose and Cellulose-based Chiral Stationary Phases in Enantioselective LC Separation and Monitoring of Bio-catalyzed Resolutions of Acidic Drugs in Non-Standard Organic Solvents
Ghanem, A., Aboul-Enein, M., Azzouny, A. & El-Behairy, M., 2009, In: Chromatographia. 70, 3/04/2011, p. 349-363 15 p.
Solving small problems inside the university
Hoyos, C., 2009, A case study of biomimicry as basis for a hands-on DfS course in ID. Singapore: ICSID - International Council of Societies of Industrial Design (ICSID), p. 1-17 17 p.
Sonic Interaction Design and its relation to Film and Theatre Sound Design
Barrass, S., 2009
Sonographer practitioner development in Australia: Qualitative analysis of an Australian sonographers' survey
McGregor, R., O'Loughlin, K., Cox, J., Clarke, J. & Snowden, A., 1 Nov 2009, In: Radiography. 15, 4, p. 313-319 7 p.
Sorption of Arsenic(V) and Arsenic(III) to schwertmannite
Burton, E. D., Bush, R. T., Johnston, S. G., Watling, K. M., Hocking, R. K., Sullivan, L. A. & Parker, G. K., 2009, In: Environmental Science and Technology. 43, 24, p. 9202-9207 6 p.
Sour Grapes? Sol Trujillo was right
De Percy, M., 12 May 2009, ABC The Drum Unleashed, p. 1-3 3 p.
Research output: Contribution to Newspaper/Magazine/Bulletin › Article
Spam, scams and shams: content analysis of unsolicited email
Berzins, M., 2009, In: International Journal of Technology, Knowledge and Society. 5, 2, p. 143-154 12 p.
Spam Recognition using Linear Regression and Radial Basis Function Neural Network
Tran, T. P., Li, M., Tran, D. & Ton, D. D., 2009, Pattern Recognition. Yin, P-Y. (ed.). 1 ed. India: In-Tech, p. 513-532 20 p.
Spatial interpolation of the deuterium and oxygen-18 composition of global precipitation using temperature as ancillary variable
van der Veer, G., Voerkelius, S., Lorentz, G., Heiss, G. & Hoogewerff, J. A., May 2009, In: Journal of Geochemical Exploration. 101, 2, p. 175-184 10 p.
Spatial trends in the risk of social exclusion for Australian children: patterns from 2001 2006
McNamara, J., Tanton, R., Daly, A. & Harding, A., 2009, In: Child Indicators Research. 2, 2, p. 155-179 25 p.
Special needs: the athlete with diabetes
Deakin, V., Wilson, D. & Cooper, G., 2009, Clinical Sports Nutrition. Burke, L. & Deakin, V. (eds.). 4 ed. Australia: McGraw-Hill Education, p. 578-595 18 p.
Spectral Variations for Reaction Products Formed Between Different Amino Acids and Latent Fingermark Detection Reagents on a Range of Cellulose-Based Substrates
Spindler, X., Stoilovic, M., Lennard, C. & Lennard, A., 2009, In: Journal of Forensic Identification. 59, 3, p. 308-324 17 p.
Sport, Divided Societies and Social Capital in Ireland
Hassan, D. & EDWARDS, A., 2009, Social Capital and Sport Governance in Europe. Groeneveld, M., Houlihan, B. & Ohl, F. (eds.). 1 ed. New York: Taylor & Francis, p. 130-145 16 p.
Sport and New Media
BEATON, A. & Filo, K., 2009, Strategic Sport Marketing. Shilbury, D., Westerbeek, H., Quick, S. & Funk, D. (eds.). 3rd ed. Australia: Allen & Unwin, p. 229-244 16 p.
Spotlight on Blended Language Learning: A frontier beyond learner autonomy and computer assisted language learning
Stracke, E., 2009, ILA (Independent Learning Association) Japan 2007 Conference Proceedings: Exploring Theory, Enhancing Practice: Autonomy Across the Disciplines. Carroll, M., Castillo, D., LCooker & Irie, K. (eds.). Australia: Association for Academic Language and Learning, p. 1-13 13 p. (Independent learning Association Conference Proceedings).
Staff satisfaction and retention and the role of the Nursing Unit Manager
Duffield, C., Roche, M., O'Brien-Pallas, L., Catling-Paull, C. J. & King, M., Jan 2009, In: Collegian. 16, 1, p. 11-17 7 p.
Steamship Newspapers
Putnis, P., 2009, 2 p. Gent London : Academia Press British Library.
Research output: Textual Creative Works › Other contribution
Stories return personal narrative ways of knowing to the professional development of doctoral supervisors
McCormack, C., 2009, In: Studies in Continuing Education. 31, 2, p. 139-154 16 p.


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OpinionSummariesCase details
Kowtko v. Delaware and Hudson Railroad Corp.
Nollenberger v. United Air Lines, Inc.
In the other cases turned up, the Court has accepted the answers as correct, and either increased or reduced…
Krakar v. Don Swart Trucking, Inc.
It was also introduced without objection in the trial of Pongratz v. Boyer, 180 Pa.Super. 260, 119 A.2d 813…
Full title:Hazel KOWTKO, Administratrix of the Estate of George Kowtko, Deceased, and…
Court:United States District Court, M.D. Pennsylvania
Date published: Apr 6, 1955
131 F. Supp. 95 (M.D. Pa. 1955)
United States District Court, M.D. Pennsylvania
In Kowtko v. Delaware & Hudson R.R. Corp., 131 F.Supp. 95 (M.D.Pa.1955) the court also admitted evidence of entitlement to future Veterans' Administration subsistence allowances.
Summary of this case from Krakar v. Don Swart Trucking, Inc.
See 2 Summaries
Civ. A. No. 4104.
Frank J. McDonnell, Paul A. McGlone, Scranton, Pa., for plaintiff.
Paul Bedford, S. Keene Mitchell, Jr., Michael H. Sheridan, Wilkes-Barre, Pa., for defendant.
JOHN W. MURPHY, District Judge.
Plaintiff of Pennsylvania in her own right and as administratrix of the estate of George Kowtko, deceased, brought this action under the Pennsylvania Wrongful Death and Survival Acts, to recover damages from defendant railroad, a New York corporation, for the death of her son, George Kowtko, caused by defendant's negligence in a grade crossing accident in this district. The jury returned a verdict for plaintiff in her own right, $15,000; as administratrix, $35,000. Defendant moves to set aside the verdict and for judgment in its favor and in the alternative for a new trial.
Act of April 15, 1851, P.L. 669, § 19, as amended by the Act of April 26, 1855, P.L. 309, §§ 1 and 2. Act of May 13, 1927, P.L. 992, § 1, 12 P.S.Pa. §§ 1601-1604. (Act of June 7, 1911, P.L. 678, § 1, and April 1, 1937, P.L. 196, § 1, are not herein pertinent.)
As to the proper party plaintiff, see Suders v. Campbell, D.C.M.D.Pa. 1947, 73 F. Supp. 112; Pa. Rules of Civil Procedure, 12 P.S.Appendix, Rules 2201, 2202(b), 2204, 2205, 2206(b). Cf. McFadden v. May, 1937, 325 Pa. 145, at page 153, 189 A. 483; Kaczorowski v. Kalkosinski, 321 Pa. 438, at pages 442, 444, 445, 184 A. 663, 104 A.L.R. 1267; Goodrich-Amram Pa. Civil Practice, §§ 2201-15 and 16, and footnote 13, in re Act of April 4, 1868, P.L. 58, § 2.
Act of April 18, 1949, P.L. 512, Art. VI, §§ 601, 603, 20 P.S.Pa. §§ 320.601, 320.603, based upon the Act of June 7, 1917, P.L. 447, § 35(b) and see Act of July 2, 1937, P.L. 2755, § 2; 20 P.S.Pa. Ch. 3, Appendix, § 772.
And answers to eleven interrogatories submitted at defendant's request over plaintiff's objection. See Fed. Rules Civ.Proc. rule 49(b), 28 U.S.C.A.; Biggans v. Hajoca Corp., 3 Cir., 1950, 185 F.2d 982; Skidmore v. Baltimore O.R. Co., 2 Cir., 1948, 167 F.2d 54, certiorari denied 335 U.S. 816, 69 S.Ct. 34, 93 L.Ed. 371.
Defendant's motion to dismiss at the close of plaintiff's case, Rule 41(b), was denied; ruling reserved on defendant's motion for directed verdict, Rule 50(b), at the close of all the evidence. As to the motion for new trial, see Rule 59(a)(1).
Diversity of citizenship and the requisite amount in controversy being the sole basis of jurisdiction, the substantive law of Pennsylvania is controlling as to the rights and obligations of the parties. The proper function of the Federal Court is to ascertain what the state law is, not what it ought to be.
Johnson v. Baltimore O.R. Co., 3 Cir., 1953, 208 F.2d 633; Burns v. Goldberg, 3 Cir. 1954, 210 F.2d 646, at page 647. It is not our function to examine the correctness of decisions. Klages v. Cohen, 2 Cir., 1945, 146 F.2d 641, at page 644. "* * * Our duty is to apply state law as we find it in the state decisions irrespective of what we may regard as its merits. * * *" Krauss v. Greenbarg, 3 Cir., 1943, 137 F.2d 569, at page 571, and see Kerrigan's Estate v. Joseph E. Seagram Sons, Inc., 3 Cir., 1952, 199 F.2d 694, 697, to apply the law as the state court has declared it.
Klaxon Co. v. Stentor Electric Mfg. Co., Inc., 313 U.S. 487, at page 496, 61 S.Ct. 1020, at page 1021, 85 L.Ed. 1477, "Any other ruling would do violence to the principle of unformity within a state upon which the Tompkins decision [Erie R. Co. v. Tompkins, 1938, 304 U.S. 64, at page 78, 58 S.Ct. 817, at page 822, 82 L.Ed. 1188, 114 A.L.R. 1487] is based." In diversity cases a federal court is "* * * another court of the State, it cannot afford recovery if the right to recover is made unavailable by the State * * *. In essence, the intent of that decision was to insure that * * * the outcome * * * in the federal court should be substantially the same, so far as legal rules determine the outcome of a litigation * * *." Guaranty Trust Co. of New York v. York, 326 U.S. 99, at pages 108, 109, 65 S.Ct. 1464, at page 1469, 89 L.Ed. 2079, 160 A.L.R. 1231; Cohen v. Beneficial Industrial Loan Corp., 1949, 337 U.S. 541, 555, 69 S.Ct. 1221, 1230, 93 L.Ed. 1528. In a diversity case a federal court administers the state system of law "* * * in all except details related to its own conduct of business."
Viewing the facts, including all inferences reasonably deducible therefrom in the light most favorable to the verdict, it appears that about 4:10 P.M. on a day in March, George Kowtko drove his Pontiac sedan automobile north on South Valley Avenue in the Borough of Olyphant and westward to the point where the avenue crosses defendant's four tracks — a busy urban crossing. There was a light snow falling, the sky overcast, the air misty, the asphalt pavement and the wooden planked crossing wet. A long-time resident of the borough and familiar with the crossing, Kowtko stopped his car about 15 to 20 feet east of the crossing ( — on plaintiff's Ex. 6), the usual place of stopping. From that point there was a 4.3% downgrade toward defendant's tracks. The view to the north was about 200 feet diagonally — 158 feet north of the crossing; any further view being obstructed by the contour and topography of the land, an embankment, the gateman's tower located on the northeast side of the crossing, a Hudson Coal Company mine sign, a fence, fence posts, bushes, and concrete cribbing along defendant's right of way. The jury had a view of the locus in quo. A full view to the north was not available until one had passed defendant's first or siding track.
Cheffey v. Pennsylvania R. Co., D.C.E.D. Pa. 1948, 79 F. Supp. 252, 254; Eckenrode v. Pennsylvania R. Co., 3 Cir., 1947, 164 F.2d 996, at page 997. The weight to be attached to the jury's findings becomes the greater when backed up by specific findings upon interrogatories submitted at the trial; see id., affirmed 335 U.S. 329, 69 S.Ct. 91, 93 L.Ed. 41; Meade v. Pennsylvania R. Co., 1953, 375 Pa. 325, at page 329, 100 A.2d 612.
Plaintiff's Exs. 6, 7. Defendant's Exs. 1, 2.
Cf. Plaintiff's Ex. 8; defendant's Exs. 3, 4, and 5.
About that time there was traffic on a narrow gauge mine track which intersected the avenue to Kowtko's rear, a train stopped south of the crossing on defendant's first track, an automobile driven by one Preschutti some 8 to 10 feet ahead of Kowtko about to traverse the crossing. Having stopped, looked and listened, the gates being in a raised position, Kowtko proceeded at 5 to 10 miles an hour carefully across defendant's tracks. In a few seconds, as the car reached the fourth track, it was struck by the head diesel unit of one of defendant's southbound freight trains, traveling at the moment 50 miles per hour, hurled into the air onto defendant's northbound track, rolled end to end three times, coming to rest some 70 to 75 feet from the point of contact. The automobile was demolished. The head end of the train came to a stop 1,400 to 1,500 feet below the crossing. As a result of the injuries sustained Kowtko was rendered unconscious and died within ten minutes after the collision.
See and cf. Aiken v. Pennsylvania R. Co., 130 Pa. 380, 18 A. 619; Ihrig v. Erie R. Co., 210 Pa. 98, at page 100, 59 A. 686; Baltimore Ohio R. Co. v. Muldoon, 3 Cir., 1939, 102 F.2d 151, at page 152; Baltimore Ohio R. Co. v. Goodman, 1927, 275 U.S. 66, at page 70, 48 S.Ct. 24, 72 L.Ed. 167; Pfendler v. Speer, 1936, 323 Pa. 443, at page 446, 185 A. 618; Moses v. Northwestern Pennsylvania R. Co., 1917, 258 Pa. 537, at page 541, 102 A. 166. Unless it affirmatively appears by undisputed evidence that the stopping place was an improper one the question is for the jury. Hamilton v. Philadelphia, B. W.R. Co., 1916, 252 Pa. 615, at page 617, 97 A. 850. The presumption of due care by one who meets death in an accident, Travis v. Pennsylvania R. Co., 1954, 377 Pa. 537, at page 541, 105 A.2d 131, is greatly strengthened where there is testimony that he stopped, looked and listened before crossing. Harris v. Reading Co., 325 Pa. 296, at page 301, 189 A. 337, and see Cinquina v. Philadelphia Transportation Co., 1949, 362 Pa. 564, at page 550, 67 A.2d 109.
Bush v. Philadelphia Reading R. Co., 232 Pa. 327, at pages 328, 329, 81 A. 409: "Whether he stopped a sufficient length of time to inform himself of conditions, and * * * advanced with due caution from that point, were * * * to be determined, not by hard and fast rules of positive duty * * * but by the jury upon a consideration of all the circumstances * * * not the least * * * of which was * * * that the time required to pass from the place where the * * * collision occurred was but three or four seconds at most, and that through open gates implying to the ordinary traveler an invitation to advance * * *. The law * * * is so clearly expressed in Ely v. [Pittsburgh C., C. St. L.] Railway Co., 158 Pa. 233, 27 A. 970 * * * that no other citation * * * is required."
Cohen v. Philadelphia Reading R. Co., 1905, 211 Pa. 227, at page 231, 60 A. 729, at page 730, "He was upon a crossing where he had a right to be * * *" Id., 211 Pa. at page 233, 60 A. at page 731: "The deceased was invited upon the tracks * * * the raised * * * gates * * * `dulled the edge of his caution'." Johnson v. Director General of Railroads, 1924, 278 Pa. 491, at page 494, 123 A. 484, 485. "Although plaintiff was not thereby relieved from the duty to observe reasonable care, the opening of the gates constituted an intimation that the tracks were free of approaching trains, and implied an invitation to * * * proceed." And see Id., as to the duty of the gateman. Sharpless v. Delaware L. W.R. Co., 1926, 286 Pa. 439, at page 443, 133 A. 636, at page 637, the traveler "* * * could rest in the assurance that, if a train was approaching, the gates would be lowered and, if they were not, that it was safe to proceed." Hamilton v. Philadelphia B. W.R. Co., supra, 252 Pa. at page 618, 97 A. 850; Rosenfield v. Lehigh Valley R. Co., 113 Pa. Super. 424, 173 A. 476; 44 Am.Jur. Tit. Railroads, § 564, p. 818.
Three diesel units, ninety-six loaded cars, nine empties, and a caboose.
See Solomon v. Lehigh Valley R. Co., 1945, 351 Pa. 302, at page 305, 41 A.2d 664, at page 665, as to need of "evidence of special circumstances that renders such speed excessive."
Three witnesses in the vicinity at the time, (a) one on the small-gauge track on South Valley Avenue, (b) another on a six-foot embankment northeast of the crossing, and (c) Preschutti, testified that they had heard no whistle or bell or other signal sounded before the accident.
(a) Cruciani, a plumbing and heating contractor (see X on plaintiff's Ex. 10); Kowtko stopped his car before crossing, the gates were up; the train first came into the witness' view 15 feet north of Kowtko's car. Living near a crossing he was used to hearing such signals. Although he had a mastoid operation and had some difficulty in hearing at heights and indoors, he insisted his hearing was good when out of doors. (b) (See X on the right side of plaintiff's Ex. 11); saw the train coming and the cars proceeding over the crossing. (c) "When I got on the third track I noticed this train coming down * * * the way the weather was, I would say maybe one hundred feet at the furthest — maybe fifty feet at the most * * * cleared * * * fourth track * * * few (2 or 3) seconds * * * heard concussion * * *." Heard no signals when driving over the crossing; his car windows were closed; the radio playing. See Anstine v. Pennsylvania R. Co., 1941, 342 Pa. 423, 428, 20 A.2d 774; see and cf. Costack v. Pennsylvania R. Co., 1954, 376 Pa. 341, at pages 351, 355, 102 A.2d 127, and see dissent; Kindt v. Reading Co., 1945, 352 Pa. 419, at page 424, 43 A.2d 145, 162 A.L.R. 1; Travis v. Pennsylvania R. Co., 1954, 377 Pa. 537, at page 539 et seq., 105 A.2d 131; and cf. Peruzzi v. Pennsylvania R. Co., 1930, 99 Pa. Super. 519, at page 522. In the instant case apparently no signal was given when it was most needed, i.e., after the gates were raised; and see Amey v. Erb, 1929, 296 Pa. 561, at page 565, 146 A. 141, where one finds himself in a position of danger which is not the result of his negligence, he is not responsible if he makes a mistake of judgment in getting out. Cf. Smith v. Gross, 1934, 113 Pa. Super. 568, at page 571, 173 A. 478; Casey v. Siciliano, 310 Pa. 238, at page 241, 165 A. 1; Luks v. American Ice Co., 267 Pa. 337, at page 343, 109 A. 680, as to the defendant and the emergency doctrine.
Immediately southwest of defendant's crossing Lafayette Street turns rather abruptly northeasterly toward defendant's tracks onto a wooden planked part of defendant's crossing.
Defendant's Exs. 1, 3, 9, 10, 11. Plaintiff's Exs. 2, 6, 9, 10, 11.
There were gates on the east and west side and a separate gate for traffic on Lafayette Street. The gates were controlled by separate levers in the gateman's tower; raised and lowered by a manually operated four foot long pump handle, the raising or lowering operation respectively requiring about sixteen seconds. Just before the collision one Koslab, a farmer, drove his truck north on Lafayette Street and, the gates being up, passed the point where the gates would normally come down. After stopping to let South Valley Avenue traffic, pedestrian and vehicular, pass, he shifted into low gear and was about to proceed onto the crossing when he noticed defendant's train some 50 to 75 feet away. (See defendant's Ex. 9). He stepped on his brake; the truck was "jumping". As the train passed by the front end of the truck was only a few feet away. Defendant's engineer testified that he sounded his bell and whistle for another crossing 1,000 to 1,200 feet to the north; when the train was 750 feet from the South Valley Avenue crossing, seeing the truck in danger (see view defendant's Ex. 6, 175 feet; plaintiff's Ex. 9, 100 feet), he sounded his whistle (the usual crossing signal), the bell was ringing, and repeated the signal at 500 feet. He then sounded short sharp whistles and when the train was 50 feet from the crossing put the brakes into emergency position. After the emergency brakes were applied the train went over the crossing at 40 miles per hour. From his position on the right 30 feet from the head end, he did not see either of the two cars on the crossing. The fireman on the left side heard the whistle repeated, the bell ringing; right after the brakes were applied he saw the two cars coming onto the crossing, observed that one car just passed, the other was struck by the engine.
The head trainman on the left side of the second diesel unit heard "him blow the whistle", but did not hear the bell. Just as be heard the whistle "toots" he looked and saw the collision. The middle man on the right side of the second diesel unit, looking back over the train, heard the crossing and short whistle sounds, not the bell.
When the train was 1,000 to 1,200 feet north of the crossing the gateman, a fairly new hand at the job, lowered one set of gates, i.e., the northeast and southwest gates on South Valley Avenue (see x on defendant's Ex. 1). When the train was 250 feet from the crossing he was leaning out the tower window blowing a police whistle and waving his arms to attract the truck driver's attention. When the train was "very, very close" to the crossing, excited, he raised the gates purportedly to help the truck driver, but actually of no help at all, and in doing so invited traffic to use the crossing, of course, with due care under the circumstances but with a sense of caution dulled by the apparent indication that the crossing was open for use by vehicular traffic. After the accident the two sets of gates east and west, not the Lafayette Street gate, were lowered. The gateman never saw Kowtko's car until after it was struck and did not know where it came from. (Cf. defendant's Exs. 10 and 11).
Whether under the circumstances: adequate and timely signals were given — especially after the gates were raised; there was excessive speed; the train was under proper control and was handled with care; there was negligence in not lowering all the gates; in raising the gates which could not possibly help the situation and actually created more danger, and finally whether or not in view of the presumption of care, because of the death of Kowtko and the place of the accident, the defendant was negligent or plaintiff's decedent free from contributory negligence, were all questions for the jury. The verdict and answers to interrogatories were in plaintiff's favor. There was substantial competent evidence to support the verdict. Defendant's motion to set aside the verdict and for judgment in its favor will therefore be denied.
As to negligence see Tiller v. Atlantic Coast Line R. Co., 1943, 318 U.S. 54, at page 67, 63 S.Ct. 444, 87 L.Ed. 610; Baker v. Pennsylvania R. Co., 1952, 369 Pa. 413, at pages 417, 418, 419, 85 A.2d 416, at page 419, "where a traveller stops, looks and listens before entering upon a grade crossing and, neither seeing or hearing anything approaching on the tracks, proceeds and is thereafter struck by a train on a track beyond the first, the question of his contributory negligence is for the jury." And Id., 369 Pa. at page 420, 85 A.2d at page 419, "* * * having once stopped in the exercise of reasonable care before entering upon the crossing, he was not bound, as a matter of law, to stop again on or between the tracks to look and listen." Weiss v. Pittsburgh Rys. Co., 1930, 301 Pa. 539, 543, 152 A. 674; Altomari v. Kruger, 1937, 325 Pa. 235, 238-239, 188 A. 828; MacDonald v. Pennsylvania R. Co., 348 Pa. 558, 564, 36 A.2d 492; cf. Jursic v. Pittsburgh Lake Erie R. Co., 1954, 376 Pa. 142, at pages 149-151, 102 A.2d 150, and Ramsey v. Baltimore Ohio R. Co., 1939, 336. Pa. 498, at pages 500, 501, 9 A.2d 348, but see Sanders v. Pennsylvania R. Co., 1939, 336 Pa. 424, at pages 426, 427, 9 A.2d 413 .
Decedent was not negligent, (1), (2), (3); came to a full stop at the usual stopping place before entering the crossing (9); defendant, approaching at an excessive speed (5), did not give timely and adequate warning of the approach of the train (4); the truck driver was not in danger of impending peril (6); the gateman did not act to protect the truck driver and his passenger from peril (7), and did not use judgment arising from peril under the circumstances (8); George Kowtko left a widow who was still living (10) and (11).
See Eckenrode v. Pennsylvania R. Co., supra, 164 F.2d 997; Cate v. Good Bros., 3 Cir., 1950, 181 F.2d 146, at page 149; Pardee v. Aldridge, 1903, 189 U.S. 429, at page 433, 23 S.Ct. 514, 47 L.Ed. 883.
Kulka v. Nemirovsky, 1934, 314 Pa. 134, at page 138, 170 A. 261; Kimmel v. Yankee Lines, Inc., D.C., 125 F. Supp. 702, at page 704; Tennant v. Peoria P.U. Ry. Co., 321 U.S. 29, at page 35, 64 S.Ct. 409, 88 L.Ed. 520; Hawk v. Olson, 1945, 326 U.S. 271, at page 279, 66 S.Ct. 116, 90 L.Ed. 61.
In its motion for a new trial defendant asserts the verdict was excessive; inadequacy of proof of cost of decedent's maintenance, and of contributions by plaintiff to the decedent; that gratuity subsistence payments to George Kowtko by the Veterans Administration did not constitute earnings; error in our instructions as to the possible measure of damages.
Defendant withdrew reasons 2, 3, 7, 8. As to the applicable tests, see Cheffey v. Pennsylvania R. Co., supra, 79 F. Supp. at page 259; Magee v. General Motors Corpn., 3 Cir., 1954, 213 F.2d 899, at page 900.
Decedent was twenty-nine years ten months of age at the time of his death. At twenty-one he was inducted into the United States Army and at some time during thirty-eight months of military service had an occupational specialty of Movie Projectionist 137. Within four months after his military service terminated and until the time of his death he was employed steadily and worked regularly at the Billig Shoe Company, in what capacity was not shown. His average monthly earnings for the year previous to his death were $174.13, and for the four months immediately prior to his death $174.44. While there was no evidence as to the extent of earlier school attendance the decedent was enrolled and attended night school under Public Law 346, Veterans' Regulation No. 1(A), pt. 8, 38 U.S.C.A. following section 745, in training in the Industrial Sewing Machine and Repair School from July 18, 1949, to July 23, 1950; from November 15, 1950, to March 16, 1951, he was in training as an automobile mechanic at the Mid-Valley Vocational School. As a veteran he received $70 per month subsistence allowance from the Veterans Administration and was entitled at the time of his death to two years, eight months, and eleven days additional training and subsistence allowance, (ten months, seven days at the time of trial). Public Law 512, Veterans' Regulation No. 1(A) pt. 8, subd. 6(a), established a ceiling of $210 per month including regular earnings plus the subsistence allowance.
Upon returning from military service he lived for eleven months with his mother in her seven-room home on Grant Street in the area of the accident. Thereafter he and his wife, whom he married while in the service, lived with the mother for seven months and then moved to an apartment on Park Street where they lived together for two years. After signing a separation agreement and waiver of support and property rights, his wife returned to Scotland. He then returned to live with his mother. The mother testified that he turned his entire pay from the shoe factory, $174.44 monthly, over to her; the $70 subsistence allowance he kept for himself to "buy clothes * * * pay (his) expenses * * * pay bills for the car". She used his salary to provide badly needed repairs for the house, pay taxes, utilities, coal and water bills and to purchase food and run the home.
A widow; the other four adult members of the family lived elsewhere; decedent alone contributed to her support.
Whether she thereby or in separate negotiations with defendant company released any claim she may have to share in the verdict will be more pertinent at the time of distribution. See McFadden v. May, and Kaczorowski v. Kalkosinski, supra, note 1, and Pantazis v. Fidelity and Deposit Company of Maryland, 1952, 369 Pa. 221, at page 225, 85 A.2d 421; Minkin v. Minkin, 1939, 336 Pa. 49, at pages 52, 53, 7 A.2d 461. Cf. Huntingdon Broad Top M.R. Coal Co. v. Decker, 1877, 84 Pa. 419; Miller v. Pennsylvania R. Co., 1917, 256 Pa. 142, 100 A. 654, with Vogelgesang Est. 1952 (Pa.) 48 Schuyl. 91; Armstrong v. Berk, D.C.E.D.Pa. 1951, 96 F. Supp. 182; Ditkosky v. Schreiber Trucking Co., 1951, 82 Pa. Dist. Co. 319, Poff v. Pennsylvania R. Co., 327 U.S. 399, 66 S.Ct. 603, 90 L.Ed. 749.
Decedent paid $2,400, saved largely from his subsistence allowance, for a Pontiac car, $400 of which was given to him by his mother from the salary he had turned over to her.
There was testimony that decedent had good habits and a good reputation; that he was sober, thrifty and industrious; strong and healthy, and a steady worker. From its visit to the scene and through exhibits and other evidence at the trial, the jury had a picture of the manner of plaintiff's dress and appearance, and of the neighborhood in which the plaintiff and decedent lived. It was agreed that, according to the mortality tables, decedent's life expectancy at the time of death was thirty-eight years. Defendant contends that there was no evidence of cost of deceased's maintenance or of the value of contributions plaintiff would be expected to make to or on behalf of her son if his death had not occurred, and that therefore the question of damages was at best a matter of conjecture and speculation.
At the time of trial: Plaintiff was sixty-two years of age, apparently in good health; damages to the car were $1,950; the funeral bill paid by plaintiff $840.61; loss of decedent's wages and subsistence to date of trial $4,988.64.
There was no evidence or claim for medical, surgical, nursing, hospital or other expenses. Act of May 13, 1927, supra. Reasonable funeral expenses are allowable only under the Death Act. See Radobersky v. Imperial Volunteer Fire Dept., 1951, 368 Pa. 235, at page 243, 81 A.2d 865.
Having decided that plaintiff was entitled to recover, the jury had the duty of awarding fair and reasonable compensation, not punishment, under each cause of action without any duplication of damages. Plaintiff was entitled (a) in her own right to recover under the Death Act the pecuniary loss she sustained by reason of her son's death measured by the present worth of the amount she probably would have received for her support, while the family relationship continued between them, from his likely earnings and services during the period of his life expectancy, without any allowance for pain or suffering by the deceased, or mental suffering, grief, despair, disappointed hopes or loss of decedent's companionship by the plaintiff as mother; (b) as administratrix on behalf of decedent's estate under the Survival Act the pecuniary loss occasioned to decedent and therefore to his estate by defendant's tortious conduct measured by the present worth of his likely earnings and services during the period of his life expectancy, diminished by the amount he would likely have provided for his mother and by the probable cost of his own maintenance and incidental expenses during the time he would likely have lived but for the accident. Gaydos v. Domabyl, supra, 301 Pa. at pages 530, 531, 152 A. 549; Pezzulli v. D'Ambrosia, 1942, 344 Pa. 643, 650, 26 A.2d 659; Murray v. Philadelphia Transportation Co., 1948, 359 Pa. 69, at pages 73, 74, 58 A.2d 323; Ferne v. Chadderton, 1949, 363 Pa. 191, at pages 197, 198, 69 A.2d 104; Cunningham v. Spangler, 1936, 123 Pa. Super. 151, at page 161, 186 A. 173.
"* * * to a sum which if paid on the date of the verdict would then be a just cash equivalent of the sum total of such lost future contributions." Vescio v. Pennsylvania Electric Co., supra, 336 Pa. at page 511, 9 A.2d at page 551. "* * * the value of a lump sum received to-day is much greater than the value of * * * smaller sums of equal total amount received over a long period of time. * * * a sum sufficient to provide from interest alone the amount of the estimated annual decrease in earning power would be grossly excessive, since the entire capital would remain unimpaired at the date of the plaintiff's decease, whereas * * * it is supposed to be absorbed by the annual payments." McCaffrey v. Schwartz, 1926, 285 Pa. 561, at page 570, 132 A. 810, at page 813; Pezzulli v. D'Ambrosia, supra, 344 Pa. at page 649, 26 A.2d 659; Mars v. Meadville Tel. Co., 1942, 344 Pa. 29, at pages 33, 34, 23 A.2d 856; Rowles v. Evanuik, 1944, 350 Pa. 64, at pages 71, 72, 38 A.2d 255; Littman v. Bell Tel. Co. of Pennsylvania, 1934, 315 Pa. 370, at page 377, 172 A. 687; and see Vicksburg Meridian R. Co. v. Putnam, 1886, 118 U.S. 545, at page 551, 7 S.Ct. 1, 30 L.Ed. 257; Chesapeake O.R. Co. v. Kelly, 1916, 241 U.S. 485, at page 489, 36 S.Ct. 630, 60 L.Ed. 1117; Rosenal v. United States, D.C., 94 F. Supp. 1004; cf. Wiest v. Electric Traction Co., 1901, 200 Pa. 148, at page 151, 49 A. 891, 58 L.R.A. 666; 16 Am.Jur. Death, § 194.
Since he turned over his whole pay from the shoe factory to his mother, the result would be determined by deducting therefrom the value of contributions she would have been expected to make for her son's benefit, i.e., board, lodging, etc. Gaydos v. Domabyl, 1930, supra, 301 Pa. at page 533, 152 A. 549.
McCaffrey v. Schwartz, supra, 285 Pa. at page 575, 132 A. 810; Littman v. Bell Tel. Co. of Pennsylvania, supra, 315 Pa, at page 375, 172 A. 687; Kerrigan v. Pennsylvania R. Co., 194 Pa. 98, at page 106, 44 A. 1069.
See note 24, supra. There being no claim for or any evidence of loss of wages, or pain and suffering prior to decedent's death. As to the latter, see 16 Am.Jur. Death, § 191; New Orleans N.E.R. Co. v. Harris, 247 U.S. 367, at page 372, 38 S.Ct. 535, 62 L.Ed. 1167; Burns v. Goldberg, 3 Cir. 1954, 210 F.2d 646, at page 648; also see Groves v. McNeil, 1910, 226 Pa. 345, at page 347, 75 A. 600.
Glaseo v. Green, 1922, 273 Pa. 353, at page 358, 117 A. 79.
Cf. Radobersky v. Imperial Volunteer Fire Dept., supra, 368 Pa. at page 242, 81 A.2d at page 868, "net earning power" and see First Nat'l Bank in Greensburg v. M. G. Convoy, Inc., D.C., 106 F. Supp. 261.
It was the duty of the jury to consider, in arriving at a verdict, the age of the mother, how long she would be likely to live, and whether or not her son would continue to support her during her life's duration. It also had the right to consider whether he might become reconciled with his wife or remarry, thereby diminishing his ability to support his mother. Vescio v. Pennsylvania Electric Co., 336 Pa. 502, at page 511, 9 A.2d 546.
Speaking of the necessity of deducting the cost of decedent's maintenance, Murray v. Philadelphia Transportation Co., supra, 359 Pa. at page 74, 58 A.2d at page 325, adds "* * * as shown by the evidence * * *." Defendant argues and cites in support thereof Johnson v. Baltimore O.R. Co., D.C.W.D. Pa., 1952, 106 F. Supp. 166, at page 168, Marsh, J., McHugh v. Schlosser, 1894, 159 Pa. 480, at page 486, 28 A. 291, 23 A.L.R. 574, Pilipovich v. Pittsburgh Coal Co., 1934, 314 Pa. 585, 172 A. 136, that there was no evidence of cost of maintenance of decedent, or the value of contributions by the plaintiff to deceased and that in the absence thereof the net result was pure guess, speculation or conjecture, and that the award should fall pro tanto.
In Johnson v. Baltimore O.R. Co., supra, 106 F. Supp. 166, the only evidence was a stipulation as to monthly earnings; but see Patton, v. Baltimore O.R. Co., D.C., 120 F. Supp. 659, at pages 665, 666 . In McHugh v. Schlosser, supra, 159 Pa. at page 486, 28 A. 291, there was no evidence tending to show the earning power of the deceased or of business, business habits and past earnings, to afford any basis from which his earning capacity could be fairly estimated. In Pilipovich v. Pittsburgh Coal Co., supra, 314 Pa. at page 592, 172 A. 136, there was no proof as to the amount of the earnings or earning power of the deceased or the value of contributions to his family.
It is elementary that compensatory damages cannot be allowed unless there is satisfactory evidence to support them. Pilipovich v. Pittsburgh Coal Co., supra, 314 Pa. at page 591, 172 A. 136; Endler v. United States, D.C., 101 F. Supp. 332, at page 334; but see Rowles v. Evanuik, supra, 350 Pa. at page 70, 38 A.2d at page 258 , "The degree of proof in such cases must vary", and cf. Ginocchi v. Pittsburgh Lake Erie R. Co., 283 Pa. 378, at page 380, 129 A. 323, "* * * much reliance must be placed on the knowledge and common sense of juries acquired through the experiences of life. ("To which we * * * add * * * the sound, conservative judgment of the trial judge." Krasowski v. White Star Lines, Inc., 1932, 307 Pa. 470, at page 472, 162 A. 200, at page 201.) They know quite as much concerning the matter as the witnesses called to testify." Ginocchi v. Pittsburgh Lake Erie R. Co., 283 Pa. at page 381, 129 A. 323, at page 324, "All that a trial judge can do is to state clearly the true ground of recovery, limiting it to the probable pecuniary loss, and pointing out the elements to be considered, and to permit no excessive verdict to stand." McCleary v. Pittsburgh Rys. Co., 1911, 47 Pa. Super. 366, at pages 369-371, "* * * the statute is silent as to the intrinsic nature of the `damages' to be recovered, the measure by which their amount is to be ascertained and the character of the evidence by which that measure is to be established * * * the law requires the production of the best evidence available." Id., 47 Pa.Super. at page 372, and see Id., 47 Pa.Super. at pages 373, 375; Loughran v. Thomas Bros. Co., 1916, 65 Pa. Super. 302, at pages 305, 307.
See and cf. Annotation, 14 A.L.R.2d 485, at page 519, "There is some uncertainty as to the true rule in Pennsylvania." Peters v. Bessemer Lake Erie R. Co., 225 Pa. 307, at page 311, 74 A. 61, at page 62, seventeen year old decedent, lack of evidence of "boarding and clothing", "some proof of the probable cost of maintenance * * * is indispensable"; Kost v. Ashland Borough, 1912, 236 Pa. 164, at page 169-170, 84 A. 691; Walker v. Perkins, 1935, 319 Pa. 469, at page 470, 181 A. 511; Campbell v. City of Philadelphia, 1916, 252 Pa. 387, at page 390, 97 A. 456. Speaking of proof of earning capacity, "proof" would be required in the case of an adult, but we have never extended the rule so as to require such evidence in the case of a young child.
See Gentile v. Philadelphia Reading Ry., 1922, 274 Pa. 335, at page 339, 118 A. 223; DeSantis v. Maddalon, 1944, 348 Pa. 296, at page 299, 35 A.2d 72, where award not excessive.
While plaintiff's case would be stronger if there was specific evidence as to the cost of board and lodging, it would in all probability be an estimate since records of such items are in many instances not kept or maintained, and the amount thereof may vary considerably with any change of circumstances in the future. Based upon the foregoing, together with evidence as to age, health, earning power and general station in life, the jury could determine what would have been reasonable living expenses under the circumstances. Although the proof as to cost of maintenance and of contributions was not of the best, we think, under the circumstances, it was sufficient. See and cf. Pennsylvania R. Co. v. Zebe, 1858, 33 Pa. 318, at page 327, 330; Illinois Central Railroad Co. v. Barron, 1866, 5 Wall. 90, at page 105, 72 U.S. 90, at page 105, 18 L.Ed. 591. Much is still left to the good sense and sound discretion of the jury. Patton v. Baltimore O.R. Co., supra, 120 F. Supp. at pages 665, 667; Ashcraft v. C.G. Hussey Co., 1948, 359 Pa. 129, at pages 132, 133, 58 A.2d 170, at page 172, "Our law only requires that a reasonable quantity of information must be supplied by plaintiff so that the jury may fairly estimate the amount of damages from the evidence."
See Pennsylvania Bar Quarterly, October 1954, Vol. 26, p. 26 at pages 31, 34, as to items included and possible variables as to the future and difficulty of proof thereof. Id., Vol. 25, April 1954, 284 at pages 287, 289, clothing, food, shelter, entertainment, hospital, medical expenses and the like. Id., at page 290, "The problems inherent in determining the question of life expectancy, future loss of earning power and probable cost of future maintenance are ones peculiarly to be left to the sound judgment and discretion of the jury."
In estimating the likely earnings of decedent a factor to be considered is that earning power naturally decreases as life approaches its end. Murray v. Philadelphia Transportation Co., supra, 359 Pa. at page 74, 58 A.2d 323 (footnote 6). Pointing to the decedent's industry, ambition, desire to learn evidenced by his good habits and attendance at night school, plaintiff argues that it is reasonable to assume that his wages would have increased in the future. The measurement of future earnings is not a matter of exact formula but of judgment taking into consideration all factors entering into the likelihood of his career had he lived. Lindh v. Protective Motor Service Co., Inc., 1933, 310 Pa. 1, at page 6, 164 A. 605. In view of the evidence as to the likelihood of advancement or increase in earnings, see 16 Am.Jur. § 213, only a modest allowance would be warranted in that regard.
After determining the amount of damages to which plaintiff is entitled over the years the payment thereof must be anticipated and capitalized, (Leonard v. Baltimore O.R. Co., 1917, 259 Pa. 51, at page 58, 102 A. 279,) "at simple interest at the legal rate". Murray v. Philadelphia Transportation Co., supra, 359 Pa. at page 74, 58 A.2d at page 325 (footnote 7). "A jury must compute damages according to law * * * when passing upon the question of future damages they can allow, as the present worth, such sum only as put at simple interest will, with the accumulations of interest, amount to such damages at the time or times * * * when the jury find from the evidence they will be sustained. Moreover, the interest must be computed at the lawful rate of 6 per cent. See 17 Corpus Juris 906." Windle v. Davis, 275 Pa. 23, at page 29, 118 A. 503, at page 505. While Mars v. Meadville Tel. Co., supra, 344 Pa. at page 33, 23 A.2d 856, and Thirkell v. Equitable Gas Co., 307 Pa. 377, at page 382, 161 A. 313, assumed without discussion a five per cent rate in making calculations, and suggestions have been made that a lesser rate would be more just and equitable, see dissent Mr. Justice Stern, Murray v. Philadelphia Transportation Co., supra, 359 Pa. at page 79, 58 A.2d 323 (footnote 2), and comment Marsh, J., in Patton v. Baltimore O.R. Co., supra, 120 F. Supp. at page 666 (footnote 11), and of Mr. Justice Pitney in Chesapeake O.R. Co. v. Kelly, supra, 241 U.S. at page 490, 36 S.Ct. at page 632, 60 L.Ed. 1117; Restatement Law of Torts, § 924(d), the words of Murray v. Philadelphia Transportation Co., supra, and of Windle v. Davis, supra, are peremptory and our duty under Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, and its progeny, is to follow. "* * * the question of the proper measure of damages is inseparably connected with the right of action * * *." Chesapeake O.R. Co. v. Kelly, supra, 241 U.S. at page 491, 36 S.Ct. 630, at page 632, Gulf, C. S.F.R. Co. v. Moser, 275 U.S. 133, at pages 135, 136, 48 S.Ct. 49, 72 L.Ed. 200.
"* * * not mean * * * discount should be * * * `legal rate' of interest; that is, the rate limited by law, beyond which interest is prohibited. It may be that such rates are not obtainable upon investments on safe securities * * * without the exercise of financial experience and skill in the administration of the fund; * * * compensation should be awarded upon a basis that does not call upon the beneficiaries to exercise such skill, for where this is necessarily employed, the interest return is in part earned by the investor rather than by the investment. This * * * is a matter that ordinarily may be adjudged by scaling the rate of interest to be adopted in computing the present value of the future benefits; * * * common knowledge * * * best and safest investments, and those which require the least care, yield only a moderate return."
"In ascertaining the present worth of the future loss of earnings, that is, in discounting the recovery because future losses are paid for in advance, the rate of discount is based upon the current return upon long-term investments if the prospective losses are long continued." Restatement, Torts, § 924(d). See Sabine Towing Co. v. Brennan, 5 Cir., 1936, 85 F.2d 478 at page 484. Courts are not bound to adopt the highest or lowest rate; here considered six per cent reasonable. Snyder v. United States, 1953, D.C.Md., 118 F. Supp. 585, at page 589, a federal tort claim case, three and one-half per cent was used. See Id., 118 F. Supp. at page 590, to the effect that the United States Government uses a three and one-half per cent rate in computing the present value of life and remainder interests for estate and gift tax purposes. Poindexter v. Groves, D.C., 103 F. Supp. 657, at page 659, three to four per cent.
The Pennsylvania cases, cf. Milyak v. Philadelphia Rural Transit Co., 1930, 300 Pa. 457, at page 460, 150 A. 622, have not adopted as a standard of measuring awards the decreased value of the dollar. Cf. Snyder v. United States, supra, 118 F. Supp. at page 590, and 14 A.L.R.2d 626.
We know of no reason for excluding the subsistence payments as part of the regular income of the decedent for the time in question. See and cf. Lynch v. United States, 1934, 292 U.S. 571, at page 577, 54 S.Ct. 840, 78 L.Ed. 1434.
Considering all factors presented by the evidence the jury could determine the life expectancy of the decedent and of the plaintiff and the pecuniary loss for which damages were to be awarded. It is not a mere matter of mathematical calculation. McCaffrey v. Schwartz, supra, 285 Pa. at page 571, 132 A. 810. We are aware of the difficulty involved where a jury attempts to calculate the present worth of an award of damages. In some jurisdictions expert witnesses are called and standard interest, annuity and present worth tables received for use by the jury; see, e.g., Vicksburg Meridian R. Co. v. Putnam, supra, 118 U.S. at page 554, 7 S.Ct. 1, 30 L.Ed. 257; their use is however not permitted by a jury in Pennsylvania in cases of this kind. McCaffrey v. Schwartz, supra, 285 Pa. at page 570, 132 A. 810; Kerrigan v. Pennsylvania R. Co., supra, 194 Pa. at page 106, 44 A. 1069. Such tables may however be used by the trial judge in considering a claim of excessiveness of the verdict. Thirkell v. Equitable Gas Co., supra, 307 Pa. at page 383, 161 A. 313; Mars v. Meadville Tel. Co., supra, 344 Pa. at page 33, 23 A.2d 856; Murray v. Philadelphia Transportation Co., supra, 359 Pa. at page 76, 58 A.2d 323; Johnson v. Baltimore O.R. Co., supra, 120 F. Supp. at page 666 (footnote 11).
Ordinarily in these cases the damages must depend very much upon the good sense and sound, deliberate judgment of the jury upon all the facts and circumstances of the particular case. Illinois Central R. Co. v. Barron, 1866, 5 Wall. 90, 105, 72 U.S. 90, 105, 18 L.Ed. 591. Where there is any margin for a reasonable difference of opinion in the matter, the view of the court should yield to the verdict of the jury, rather than the contrary. Smith v. Pittsburgh W.R. Co., C.C.Ohio, 1898, 90 F. 783, at page 788. However, the discretion of the jury as to the amount of damages to be awarded, while very wide, is not an arbitrary or unlimited discretion, but must be exercised reasonably, intelligently, and in harmony with the testimony before it and, we add, with the instructions of the court. See our opinion in Fornwalt v. Reading Co., D.C.E.D.Pa., 79 F. Supp. 921, at page 923; Patton v. Baltimore O.R. Co., supra, 120 F. Supp. at pages 666, 667; 15 Am.Jur. Damages, § 366, p. 804.
Wages and subsistence payments up to the time of trial and, in view of the short period of time involved, the remaining subsistence payments need not be reduced to their present worth. First Nat'l Bank in Greensburg v. M. G. Convoy, Inc., supra, D.C., 102 F. Supp. 494, at page 496.
For purposes of calculation we have assumed that the cost of maintenance would be a minimum of about $75 per month, the monthly salary $174.44, with a possibility of a modest increase during decedent's life expectancy, from the date of trial, of thirty-six years.
Applying these tables to the facts in this case, it is evident that the jury either misunderstood or did not correctly apply the instructions of the court in arriving at the net amount of their award in each action. See Mars v. Meadville Tel. Co., supra, 344 Pa. at page 34, 23 A.2d 856; McCaffrey v. Schwartz, supra, 285 Pa. at page 568, 132 A. 810.
In the interests of justice the court does not feel compelled to grant a new trial unconditionally. Plaintiff will however be required to remit in the death action all monies awarded under the verdict in excess of $8,913.23, and in the survival action all monies awarded under the verdict in excess of $20,797.52. If plaintiff fails to file a stipulation to that effect within twenty days a new trial will be awarded.
In Kowtko v. Delaware and Hudson R.R. Corp. (D.C.M.D. Pa. 1955) 131 F. Supp. 95, 11 interrogatories were submitted to a jury in a grade-crossing death case under the Wrongful Death and Survival Acts of Pennsylvania. Apparently all of the interrogatories related to liability, and all were answered in plaintiff's favor.
Summary of this case from Nollenberger v. United Air Lines, Inc.


Mesmerizing hanging sculptures made from iridescent film, stone paper (that is paper made of stone) and kork.
This relatively small mobile fills the entire room with reflections as soon as the sun hits it and it changes colour from depending on the light. Click here to get yours.


The main purpose of the trip out to Kapunda was to visit Morning Star Nursery. I've been 'following' Morning Star Nursery on Facebook for quite a while now, and always admired the photo's the owner put up of pelargoniums and, of course, her beautiful Iris plants. I was delighted that Anne Hazel agreed that we could visit. Anne had recently lost her husband and felt the nursery, particularly the pelargoniums, was not up to her usual standard. However, we said we would not mind, and so the visit was arranged.
Thank you, Anne, for all the cuttings and for letting us visit. Hope to be back one day.
After our visit to the Nursery, we went on to take a look at the old KapundaCopper Mine. There wasn't a lot of information about, so these are just pictures.


Who is Mrs Jagjeet Singh?
She is my Effective Presentation Lecturer.
So? What is so special about this English teacher?
She looks like a Foreign Teacher, can converse in English very fluently.
She looks like 50, maximum 60 years old.
Her teaching style is marvelous and interesting.
She is a professional English teacher, and she is energetic, powerful and humourous.
She is a perfect ambassador for Sweat Smile.
Look, she is just like a middle age lady.
Boom! She is 70+ years old! Surpiseee~~~!!!
Her tireless actions, loud voice, critical thinking totally do not prove her age!
speaking sonorously until the every corner of the classroom filled by her strong voice.
Before this, my friend kept saying that this teacher is really an excellent one.
I finally believe and witness this with my own eyes.
I am impressed and decide not to skip her class anymore. Haha.
In her class, I feel as if I am not in UM but in an English Learning Centre such as ERICAN.
hardly can be found in UM.
and hopefully my department lecturers can also be just like her.
She is an impressive English teacher who can receive a large amount of teaching fees.
but, she chooses to teach in University of Malaya!
The hours she spent in UM, she can utilise them to earn more money than University pays her.
She can be very rich with her talent and ability.
She can rest and enjoy her life without teaching others.
Her effort to help people are so sincere and noble.
I am very glad and fortunate to be in her class.
Hopefully, I will be an excellent presenter during or after the next 10 weeks.
For loan oft loses both itself and friend"
There is no EASY way out in learning English!
Mini Food Paradise in FHT First College !!!


"it could have been any nightclub or wedding hall — except for the T-shirts, posters and CDs bearing the photo of an elegant older woman. The raucous party was, in fact, a funeral for Gertrude Manye Ikol, a 65-year-old nurse from Ghana who had died two months earlier. A few blocks away, guests spilled out of an even more boisterous memorial.
The Irish may be known for their spirited wakes, but Ghanaians have perfected the over-the-top funeral. And in New York City, these parties anchor the social calendar of the fast-growing community of immigrants from that West African nation.
Held nearly every weekend in church auditoriums and social halls across the city, they are all-night affairs with open bars and window-rattling music. While the families are raising money to cover funeral expenses, teams of flourishing entrepreneurs — disc jockeys, photographers, videographers, bartenders and security guards — keep it all humming while turning a tidy profit.
There may or may not be a body present, or a clergyman. The beliefs expressed may be evangelical Christian, Roman Catholic or secular. The deceased may have died in New York or in Africa, a few days or a few months earlier. But the funerals all serve the same ends — as festive fund-raisers for bereaved families and as midnight reunions for Ghanaian nurses, students, scientists and cabdrivers looking to dance off the grind of immigrant life in New York.
The study's aim was to analyze the rituals of the first funeral among the Konkomba people (which have to be distinguished from the rituals of the so-called second funeral). The presentation is limited to a description and analysis of burial rituals of elderly people. The article was based mainly on the results of ethnological field studies conducted among the Konkomba people in the region of Saboba. The studies had been carried out among five tribes: Bichabob, Nakpantiib, Binalob, Bimonkpom, and Bigbem. The important literature of the subject includes the publications by the British social anthropologist David Tait and by the French colonial administrator in northern Togo 1940-1948), Jean-Claude Froelich. Among the nonliterate peoples of Africa an important social and religious role is played by rituals of passage, which are connected with a change of a person's status and social position. Such rituals take place e.g. after death of a member of a community. Among the Konkomba people the first funeral consists of burial, the purifying rites, and the rites of farewell to the dead person. The burial takes place on the day of the death or the next day (because of climatic conditions). Since the 1960s – under the influence of Christianity – the tribes of Bichabob and Nakpantiib have used coffins for their burials. Members of the tribes of Binalob, Bimonkpom and Bigbem are still buried without coffins. When elderly people are buried, the number of participants in the burial ranges from 200 to 500 people. The farewell to elderly people is accompanied by big drums, dances and songs. When an unexpected death of people in their prime or children takes place, there is no dancing or singing. The body of the dead person is prepared in a hut by the ritual partners and relatives for the burial. There are some differences between preparation of a woman and man's body. After that, three or four men say farewell to the dead, uttering certain words and using water. The ritual is finished with filling up the grave of rectangular shape. A traditional grave with a round hole is closed with a big pot and covered with earth. The period of mourning of the first funeral lasts three days in case of a man's death and four – in case of a woman's death. Funeral rituals play an important social and religious role among the African peoples. The burial rituals of older men and women differ in the richness of rites and the social significance from the simpler burials of adults, children and infants. They emphasize the changing of the status of the dead person, who was temporarily excluded from the society through his/her death. Rites do away with the negative consequences of the death and make it possible for the deceased to pass from the community of the living to the community of the dead. They also help an individual and the community in accepting the new state.
They may take part in the funeral, however, once the corpse is buried or inside the coffin. They are not to have any contact with the corpse. Traditionally, the Ewe religion is organized around a creator god/goddess, Mawu/Lisa. This god is believed to be all powerful and omnipresence. There are no shrines or devotional ceremonies because of this omnipresent belief. Instead the people practice religion through lower level divinities. Se is a word for law, order and harmony and is believed to be the maker and keeper of human souls. Se also mean destiny.
Yewe is the god of thunder and lightning. When someone is initiated into Yewe, the person's old name becomes a taboo.
Afa is the astral god of divination, also the younger brother of Yewe. Members of this religion do not get new names. They keep their birth names. Performances are at the forefront of devotional activities for Afa. Both members and non-members celebrate Afa together. However, the non-member must wear white clothing and must not dance next to a member unless at a funeral. If these rules were not observed properly, non-members would be fined.
Other religious divinities are Eda, Nana, Mamiwota, etc.
Traditionally, funerals are extravagant events incorporating a multitude of events over a month. Funerals are the most likely places to see colorful performances of dance-drumming groups. A lively and spectacular performance usually follows the life of an honorable member of the community. Sometimes distant family members may even commission performances months after death if they could not be present at the actual funeral.


text:
Frank Menditch
Board. Executive Committee.
Home / People / Board / Executive Committee / Frank Menditch
Member of the Board/VP Treasurer
Mr. Menditch has more than thirty years of experience in the Heating and Air Conditioning and Construction industry. He was one of the founders, operating officer and board member of American Residential Services (NYSE: ARS) which was acquired by ServiceMaster Corporation in 1999. ARS is a consolidator and operator of HVAC/R and Plumbing companies in many cities in the US. Prior to ARS, Mr. Menditch was President/CEO of General Heating Engineering Co. General Heating was the largest and leading provider of Heating, Air Conditioning, Manufactured Fireplaces and service in the Washington DC, Baltimore and Richmond, VA areas. He is a graduate of the University of Maryland.
Mr. Menditch is Treasurer and Board Member of Warrior Aviation, Inc., dba Warrior Flight Team. Warrior Aviation is a 501 c 3 organization that scholarships wounded veterans for aviation careers after their military service.
Mr. Menditch is a Commercial Pilot for Southeast Angel Flight. He is a Past Pilot for Mid-Atlantic Angel Flight. Angel Flight Pilot's donate their time, aircraft and fuel to transport needy patients to treatment.


If you thought the Marine and Coastal Areas Act was a hijack of democracy, it's nothing compared to what's coming.
Next on the Maori-National government's Maorification agenda is an all-out assault on the New Zealand Constitution itself.
Once they've had their way with that, New Zealand as we know it will be gone.
The Maorification of the Constitution began on Thursday with the naming of a wildly disproportionate Constitutional Advisory Panel.
In a country where 68% of the people are European and 15% are Maori, the committee is stacked 50-50.
A 50-50 split may be even. But it's hardly fair.
The only New Zealand population it remotely resembles is our prison population.
What is the smiling tiger Pita-Peter Sharples up to? No doubt he's planted a tame Pakeha or two in the panel to give him the crucial majority?
Well, looking down the list above, I see two interesting names.
First, Michael Cullen — my 'Wastemaster-General' in the Taxathon TV ad of 2005.
This is the former finance minister who so loved his country that he quite deliberately booby-trapped the economy with a decade of deficits — just to make life harder for the incoming government.
And how does the not-so-Honourable Michael make his living these days?
Why, partly as Principal Treaty Claims Negotiator for Tuwharetoa.
Doesn't that smell a bit fishy to you?
If Cullen is not tame enough, one of the other Pakeha members is former National minister John Luxton.
The panel bio notes that Luxton has expertise in Crown-Maori relations, experience in co-management (as co-chair of the Waikato River Authority) and representing Maori interests.
But at least former ACT MP and investigative journalist Deborah Coddington ought to be a safe bet, right?
I don't think so. See my UPDATE 3 below.
The consitutional review is a condition of John Key's uniquely unnecessary coalition appeasement (sorry, agreement) with the Maori Party.
You know it's going to be bad when Anthony Hubbard of the Socialist Star-Times tries to snow you that the newly-named panel is "unlikely to be more than a Mad Hatter's tea party of unanswerable riddles and pointless in-fighting".
The government's main agenda is obvious: to elevate the bogus version of the Treaty of Waitangi to the status of official sacred cash cow for their Maori con artist mates to plunder at will.
But look how this lefty journo does his best to keep that news from you.
First Mr Hubbard diverts your attention to the republican issue.
He pretends that the real reason the committee won't be looking at ditching the monarchy is that John Key doesn't want to.
The real reason, of course, is that the Maori Party doesn't want to. Replacing the Queen could kill the golden Treaty goose. And we can't have that.
Then he tries to make you believe that the big issues for the panel will be the size of parliament, and the length of the parliamentary term.
Some of the other subjects for the committee — the Treaty, Crown-Maori relationships and Maori representation — are contentious in theory but in practice many people find them boring most of the time. New Zealand voters tend to fall asleep when the word "constitution" is mentioned.
Yawn, yawn, nothing to see here, move on.
No doubt the Star-Times, Sharples and Obfuscator-General Finlayson will be pumping out lots of big, boring words to try and keep you comatose for the duration of this constitutional stitch-up.
But I plan to be doing the exact opposite — stripping their bloated word-carcasses of their fat, and distilling from the layers of putrid gobbledygook their true meaning and hitherto-hidden agenda.
You know where to come for the real truth.
Sharples apparently thinks his Constitutional Advisory Panel is a 'good mix'.
Course he does. He's shamelessly stacked it with a quarter more Maori and a quarter fewer Europeans than their populations warrant.
Ngai Tahu leader Sir Tipene O'Regan and legal scholar John Burrows will lead a government appointed panel which is to lead public discussion on constitutional issues including the status of the Treaty of Waitangi.
Panellists like Sir Tipene (who a friend used to know as Steve "before he became a Maori". and who told a friend of a friend that he is Tipene "only in certain circles") will undoubtedly try to lead the public.
And when he does, I hope by then the public will be savvy enough to push back.
I hope people like you will ask people like Sir Steve to show you proof that the Treaty is a 'partnership' that contains 'principles'.
Because they won't be able to.
Unless they're written in invisible ink, there's nothing whatsoever in the Treaty about partnerships or principles.
Why not? Because they were conjured up in the 1980s out of thin air.
They were the figments of the activist imaginations of a judge, Robin Cooke, and a prime minister, Geoffrey Palmer (who later regretted it, and who some say resigned because of the damage he knew he'd cause).
Once Cooke and Palmer had cooked up this fake Treaty of Waitangi, it became much easier for guys like Tipene-Steve to extort money from you and me.
There is only one place this panel will try to lead you: away from the truth.
Vengeful Maori — tribes plotting utu for Ngapuhi's musket massacres of the 1820s.
Vengeful Froggies — French would-be colonisers bent on avenging the massacre of Marion du Fresne and his crew in 1772.
Bad Brits — escaped convicts and other disreputables causing trouble in lawless Kororareka.
Without the Treaty, the tribal musketeer-slaver-cannibals would have slaughtered and eaten each other to extinction by 1860.
The Treaty deal was that the British got the country, and the Maori got the same rights as the British.
By any measure, it was an excellent deal for the times.
I'm working on a series of posts that will spell out, point by crystal clear point, what happened before and after the signing of the Treaty — and how various conmen have been distorting the truth ever since.
But back to this poisonous panel.
Who will speak for non-Maori?
"An important part of the review process will be consultation with Maori, particularly on the place of the Treaty of Waitangi in our constitution," Dr Sharples said.
The most important part, I'm sure he meant to say.
Indeed the five Maori members and one Maori employee certainly are.
My question is: who will speak for the 85% of New Zealanders who are not Maori?
And will their views count?
And with the panel overloaded with Maori, guess what they'll find?
It will also consider whether New Zealand should have a written constitution and Bill of Rights issues.
Course it would. Rigging your own panel is much cleverer than expecting a judge to do your bidding.
Well, we can't have people questioning us for ignoring expert recommendations (like the 2025 Taskforce), can we?
But with Prime Appeaser John Key and Activist-General/Obfuscator-General/Appeaser-General (you choose) Chris Finlayson driving the Maorification agenda, don't expect critical questions to be tolerated.
And if Finlayson's arrogance over the Marine and Coastal Areas Act is any guide — not to mention chair Tau Henare's rude put-downs of submitters to the Maori Affairs Select Committee — don't expect straight answers.
One of my more abusive commenters has pointed out the difficulty of identifying by race, given that many of us are a mixture of two or more. Certainly, we know that all Maori are.
So here's an idea: Since we're such a multicultural lot, why don't we drop this preoccupation with ethnicity, metaphorically rip off our skins and set up a colour-blind state — with one law, and one electoral roll, for us all.
We now find that Sir Tipene/Steve O'Regan is being sued by the Financial Markets Authority for his role in the Hanover Finance collapse.
Is it OK for a man being sued by one government agency to preside over another government agency — especially one advising on matters at the very core of our national being?
No Prime Minister, it's not OK.
I had puzzled at why the notoriously biased Sharples would include former ACT MP Deborah Coddington on his tame advisory panel.
Was it to give the appearance of balance? Or is Deborah really a wet in dry's clothing?
"Yes, the English ripped off the Maori, too, when it came to getting them to sign the Treaty of Waitangi.
Then we have this ridiculously saccharine account of Deborah's dinner with the Turias.
And I've no doubt the Turias are very warm, hospitable and genuinely caring people, as are most Maori.
But Tariana is the leader of an openly racist political party. And Deborah is an investigative journalist.
Does this totally uncritical restaurant review suggest to you that Ms Coddington can be trusted to fairly represent your wishes?
Previous postWaitangi Tribunal unbiased? You be the judge.
Unless the Constitution upholds individual rights and limited Government charged solely with protecting said rights its a farce and dark times are ahead.
I've put up a link to your post at my site.
This is a damn outrage. In some ways I prefer the previous government–at least you knew what they stood for.
JA: You know things are bad when people start hankering for Helen. Thanks for linking KG.
Do the the people of "mixed race" count as a number for two ethnicity?
I suppose this panel really comes down to the propaganda typically forced down our throats in that the treaty is a "partnership".
JA: The blogosphere is a wonderful tool for countering that propaganda. The internet is the modern Resistance. We must use it to get the word out that we're being conned.
what's the big deal there are mostly only Chinese, Indians and other third-worlders left here anyway – last white man out please turn off the lights.
JA: Grant, I like the cosmopolitan society New Zealand has become in my lifetime. It was very boring in the cities with nearly all British-descended New Zealanders, and the food was dire.
Now we get to mix with people from every corner of the globe, savour their food and learn from their experiences. All we need to make it fair is one law and one electoral roll for all.
People who say that's unfair on Maori should remember that Maori now have a $40 billion economy. That's a bigger share of the New Zealand economy than their share of the population.
Yet the bad stats remain. If Maori are not going to feed that money down to the people who need it, why keep shelling it out to the iwi elite and their lawyers?
And to think my descendants came here to keep the peace between them, to literally stop them murdering one another.
Obviously that's were they would rather have gone.Well some of them at least.
@viking Did you mean your predecessors?
John your blog is becoming a must read for me. I hope the MSM pick up on your messages. Sadly unlikely as they are complicit in the Cons.
Thanks Heyjude: I hope the MSM pick up my messages about the MSM!
Well, if the psychos at Crusader Rabbit are on your side John, you can't be wrong! They're big fans of the views of Anders Breivik too, and look what he achieved.
JA: And some of my readers make excuses for the baby-eater Te Rauparaha, who made Brievik look like a Sunday school teacher.
And in your little table the population totals to 110%. Epic fail.
JA: My failure was to trust the Ministry of Social Development, from whom I copied it exactly. Am trying to get to the bottom of it. Doesn't change my point though.
Maybe your failure was not reading the states carefully enough.
JA: Welcome to the Epic Fail Club!
I am really embarrased for our country if these are the viewpoints of some of our population. So glad that I don't live in the world of fear as you seem too!
JA: I don't fear anyone. But I do resent being defrauded. Don't you?
John Ansell – you're an idiot. The fact that you don't check stats before posting them suggests that all of your content is questionable. I would have enjoyed reading your blog frequently however I suspect you are simply a sad sad sad sick little man with an axe to grind. Poor you. Get well soon.
Carly, that was totally unfair name-calling on your part. In my opinion you need to think before you type. Everyone who has an opinion should be given a fair chance at speaking their mind. If you don't like the content of someone's blog, attack the blog, not the person.
He was trying to read them through the red mist of hate.
nom de plumes lets have some facts or cant you deal with those ?
( you haven't produced too many facts yourself btw).
The bickering is a sad distraction from some fairly incontrovertible facts. Namely that: (i) preferences given in custom and/or law to one ethnicity over and above that extended to others is the very antithesis of democracy; (ii) the constitutional advisory panel do not fairly represent the public over which they will have a major input in terms of future governance. It is yet another example of 'due process' being hijacked by those in positions of authority who will themselves stand to gain the most; and (iii) it makes about as much sense to obligate future citizens to the disputed terms of an agreement indefinitely, (and against the principles of democracy), as it is to either imprison me for a crime one of my ancestors might have committed or laud me for their successes. We actually need to start thinking with our brains not our bloodlines.
Good posts from Marc and Denis. The whole fraud is shocking. We are being duped big time. However, it has just come to my notice that all might not be lost. I have just received a copy of a letter, part of which the author says, 'Legally the Treaty of Waitangi has no standing today. The Treaty became null and void when the first signatory died, as there was no inclusion in the Treaty that heirs and successors were bound by the Treaty. As no such clause is written into the document; it is simply an agreement between Queen Victoria and the Maori Chiefs that signed the document at the time, nothing more'. Is this correct? If so, we might be able to fight the whole thing from the invented Principles and everything since. Let's hope so.
We are at a political watershed – we MUST win the battle for seabed and foreshore , and successfully resist Maori claims to water ( and air !), as well as attempts to incorporate Treaty misconceptions in the proposed new Constitution. If we don't, I can forsee a situation where non-maori will be squeezed out and forced to emigrate, with a Mugabwe – style take-over of properties. We must insist that we are all kiwis now, with equal rights and obligations.We don't want to see a kingdom of Tonga style hereditary aristocracy here. He iwi take tatou !
we are heading down a very slippery path by stealth and subterfuge….there is a real AGENDA here – I would love to be a fly on the wall in the Maraes – to hear what lies and vitriol is being spoken.
What we need is a Nelson Mandela type person to stand up and UNITE the majority of the population – JA will it be you to unite us and get us motivated??
OMG Helen! Just a few days ago while my mind wandered around the issues I questioned that very point!
I think it deserves further investigation Helen.Is the Treaty a form of contract?
I concur with most of the recent sentiments posted. NZ citizens are totally over the Iwi and thier bulchy foot stomping.
Like Tony I have been out collecting signature for the seabed and foreshore. People could not sign the forms fast enough and were grateful that someone was doing something. It impressed on me how gagged people feel on the Treaty issues.
In my home town we have activists who are skilled at pushing around the council. They monitor everything the council does and stomp their feet at any opportunity. Numerous meetings are then held between the council and these activists to find a compromise or agreement. It is important for the activists to be difficult and create as many meetings as possible as they get paid to attend!
I learnt recently that one of them recieves $500 per meeting!
Now I must ask where the hell that money comes from?
I'm not sure who could tell us about the Treaty not mentioning heirs and successors but maybe Ross Baker has some ideas on this. As far as I'm concerned the Treaty served its purpose when it was signed, bringing everyone under the one law. It should have been consigned to history long ago but instead they are trying to tease things out of it which just aren't there. That's why Geoffery Palmer invented the 5 new Principles and put them into legislation. And that's where the fraud starts in my view. Surely he can't mention these Principles and the Treaty in the same sentence. They aren't the Treaty.
Pretty much agree with most of comments. Would love to get back to the days when at school no-one seemed to notice any difference between different skiin colours and all played quite happily together. People need to take a visit to Opoutama near Mahia Peninsula and just see what devastation has been caused to what once was a beautiful beach and camping ground which many generations loved, both Maori and Pakeha. Things changed in the 70's and many Maori started to be suspicious and since then the gap has widened slowly but surely. I for one am fed up with the Treaty and what it means to us now. Things would be a heap better if people treated people as they want to be treated and putting others first. Seems to me that with all the hundreds of Maori Trusts out there (many not well managed) this money should be used for all areas in NZ where we see needs – decent education, decent housing, good health system for all (not fragmented into Maori and Pakeha). What about all the other ethnicities in our multicultural New Zealand. It's time to look beyond the oft-used 'poverty' blame and 'sick' children of all races and note that many homes are unhygienic eetc. The pioneers had it tough – worked hard in tiny log houses, no running water, working very hard on the land – yet their hygiene were often far better than what we see in many homes today. I say STOP all this gobbledeegook and PC stuff and drop being afraid to come out and say 'enough is enough' before it is too late.
I agree with your comment Raewyn. It is time for a change and it is long over due.
If we do not start pushing back now and demanding equal rights for all NZers and the abolishment of race based policies, we are committing our children and grandchildren to a miserable existence.
As we have recently seen with the water issue, Iwi claims are becoming more and more extreme and it will not stop.
I totally agree with you both, Raewyn and Trina. I find it very worrying that nothing seems to be halting these race based policies. It's almost as though any complaints are pushed to one side and they continue on as if nothing is amiss and it's all quite normal, when so many of us know it's not, if comments in answer to polls are anything to go by. Also comments from social acquaintances. Everyone is leaving everything to the politicians and many of us know they are destroying our democracy and leaving a terrible legacy for the people of this country, if someone doesn't step forward and do something. We need a charismatic leader to start things moving.
I totally agree, Trina. I just wish the masses would rise up and say 'Enough'!! I've been writing to politicians since 1995 and achieved zilch. They just don't want to know so we have to find another way to get everyone moving. I just wish our wishy washy Press would take it on. Investigative journalism is sorely lacking here apart from the Ian Wisharts of this world. He is excellent but we need more of him.
But i guess we cant afford to take time off work – not like those that do march using our hard earned tax $$$ !!
Quite agree, especially about Ian Wishart. And he has never been sued either!!! Which means he must have been right in his investigations.
Tony: in the words of the Little River Band, "Hang on — help is on its way".
Winston is starting to make some very good comments on the fake Treaty being incorporated into our Constitution. Let's hope his comments get reported widely and not swept under the carpet. It's quite unbelievable how little we hear on this matter when it is so important.
Helen, While most contracts/agreements between Kings and Queens etc have "heirs and successors", the Tiriti does not. It was a contract between the named chiefs and named Queen Victoria so when they died I believe it would have died with them. Not being a lawyer I do not know the legal possition on this but hopefully someone out there can. As the Tiriti's sole purpose was to cede soveriegnty to Britain to form a government to make laws, there would be no need for it after the government was formed. Queen Victoria's Royal Charter set up the Government in New Zealand on the 3nd May 1841. I believe the Tiriti had done it job. This was sealed when the chiefs shook Hobson hand after they signed the Tiriti at Waitangi with the words, "He Iwi tahi tatou – We are now one Nation".
Interesting, Pita Sharples conned John Key into allowing him to sneak off to the United Nations to sign the Declaration on the Rights of the Indigenous People, telling the UN, "that Maori hold a distinct and special status as the indigenous people, or tangata whenua, of New Zealand", when New Zealand does not have a definition of the Indigenous People. He then conned Johnny again into letting him set up a Constitution Advisory Board of his mates to re-write our Constitution. Sharples seems to have forgotten his tangata maori and Pakeha ancestors agreed in 1840 to, "He Iwi tahi tatou – We are now one Nation". Time to honour your ancestors wishes Pete!


text:
Q: Show that a Series Diverges Question:
Let a sequence ($a_n$) have the property $\lim \limits_{n \to \infty} na_n = a > 0$
Show that the series $\sum_{n=1}^\infty a_n$ diverges
Attempts:
Basically, I firstly tried separating the left-hand side so,
$(\lim \limits_{n \to \infty} n)( \lim \limits_{n \to \infty} a_n) = a $
$ \implies\lim \limits_{n \to \infty} a_n = \frac{a}{\lim \limits_{n \to \infty} n} = 0$
But this implies that the series $\sum_{n=1}^\infty a_n$ has satisfied the vanishing test thus at this point we cannot determine whether it is convergent or divergent.
As for my other informal attempt is that since $\lim \limits_{n \to \infty} na_n = a$, that implies the rate of growth of the sequence ($a_n$) must be identical to the rate of growth of the sequence $b_n = n$. Therefore, the general term of $a_n$ must be in the form of $k\frac{1}{n}$ where $k \in \Bbb R$. Finally, since $\sum_{n=1}^{\infty} \frac{k}{n}$ is the harmonic series, therefore the series diverges. (The harmonic series also satisfies my first attempt equality).
At least to me, my first attempt looks fine but it leads me to nowhere while my second attempt is not rigorous enough. So basically what I am asking is my second attempt sufficient/rigorous enough (because it doesn't seem so) and is there another more easier method to prove that the series diverges?
EDIT
New method:
$\frac{\lim \limits_{n \to \infty} na_n}{n} > \frac{0}{n}$
$\lim \limits_{n \to \infty} \frac{na_n}{n} > 0$
$\lim \limits_{n \to \infty} a_n > 0$
Thus the series $\sum_{n=1}^{\infty} a_n$ fails the vanishing test so it is divergent.
It 'works' but I feel like there is a fundamental flaw in that proof somewhere (moving from line 1 to line 2). Especially since this proof is incorrect in the case $a_n = \frac{k}{n}$

A: If you were an experienced mathematician, your second attempt would be perfect. If you are not, you should motivate more carefully your conclusion. For instance, you could say that, eventually,
$$
a_n \geq \frac{a}{2n},
$$
and therefore
$$
\sum_n a_n \geq C +\sum_n \frac{a}{2n},
$$
which diverges.

A: This answer addresses only the "new method" in the OP's edit.  That approach is fundamentally flawed in line 1, and consequently in the (implicit) logic that moves from line 1 to line 2 to line 3.
The problem with line 1 is that you're using the symbol $n$ in two separate ways:  In the numerator on the left hand side it's a variable to define a limit, while in the denominator on both sides it's a variable representing an arbitrary but fixed value.  A proper way to write that inequality would be
$${\lim_{k\to\infty}ka_k\over n}\gt{0\over n}$$
The twin use of the symbol $n$ is what disrupts the logic of moving from line 1 to line 2.  It's perfectly OK to say
$${\lim_{k\to\infty}ka_k\over n}=\lim_{k\to\infty}\left({ka_k\over n}\right)$$
since the variable $n$ is a constant as far as the limit is concerned.  But writing things properly, with separate symbols, makes it clear there's no cancellation going on here, so you can't get to line 3.
The moral of the story is, be careful about your use of symbols.  Once you've chosen to use a symbol for one purpose, it's no longer available for other use in the same expression.

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