Chsaitis v. Lehigh Valley Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lehigh Valley Coal Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of March, 1916, as resettled by an order entered in said clerk’s office on the 30th day of March, 1916, granting plaintiff’s motion to amend his summons and complaint nunc pro tunc.
1Opinion of the Court
Thomas, J.:
It appears for present decision that John Chsaitis, an infant, injured in Pennsylvania by the negligence of his employers, died without having brought action therefor. Anthony Chsaitis, as administrator of his son John, brought this action within a year after the death, the statutory period for doing so, but died after the expiration of the year. The complaint alleges that under a statute of Pennsylvania the parents, Anthony and Frances Chsaitis, are entitled to recover danr ages for the death, and such is the statute of that State, enacted in 1855 (Laws of Pennsylvania, p. 309,…
2Cases cited1 opinion
- Benyak v. Lehigh Coal & Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Roman v. Lehigh Valley Coal Co.District Court, E.D. New York · 1917