Lauria v. E. I. Du Pont De Nemours & Co.
District Court, E.D. New York
At Law. Action by Eleanor Lauria, as administratrix of Anthony Lauria, deceased, against E. I. Du Pont De Nemours & Co., Inc. On motion to dismiss the complaint. This is a motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The action is brought by the plaintiff, as administratrix, for the death of her husband, caused, as alleged, by negligence on the part of the defendant.
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At Law. Action by Eleanor Lauria, as administratrix of Anthony Lauria, deceased, against E. I. Du Pont De Nemours & Co., Inc. On motion to dismiss the complaint. This is a motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The action is brought by the plaintiff, as administratrix, for the death of her husband, caused, as alleged, by negligence on the part of the defendant. The deceased was employed, by the defendant in its plant at Hopewell, Ara., and was killed while operating an electric car by striking his head against an…
1Opinion of the CourtVender, District Judge
(after stating the facts as above). The defendant contends that the Virginia statute under which the right of action accrued is so unlike the statutory right of action which prevails in this state that the action should not be entertained here. The motion has been argued upon the theory, set forth in Leonard v. Columbia Steam Navigation Co., 84 N. Y. 48, 38 Am. Rep. 491, that the exercise of jurisdiction depends upon the similarity of the Virginia statute to the statutory remedies prescribed by the statutes of this state for death, namely, the Workmen’s Compensation Law (Laws 1914, c. 41.…
2Cases cited56 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
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3Cited by19 opinions
- Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
- O'Brien v. SnodgrassWest Virginia Supreme Court · 1941
- Richardson v. Pacific Power & Light Co.Washington Supreme Court · 1941
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- Floyd v. Vicksburg Cooperage Co.Mississippi Supreme Court · 1930
14 more not listed; retrieve them via the Exa API.