Denver & Rio Grande Railroad v. Davello

Garrigues, J.:

Vincenzo Plasteno was accidentally killed while employed by plaintiff in error as a section hand on its railroad. He left, as his sole surviving heir, his mother, who was dependent upon him for support, and who at the time of the accident was a subject and resident of the kingdom of Italy. This action was instituted on her behalf by defendant in error as administrator of the estate of the deceased. The *72jury returned a verdict of $2,000 against the company, and it brings the case here on error.

The complaint alleges substantially that defendant, a railroad corporation, is a common…