Popp v. Cincinnati, H. & D. Ry. Co.
U.S. Circuit Court for the District of Southern Ohio
Action for death by wrongful act by Minnie Popp, as administratrix of John L. Popp, deceased, against the Cincinnati, Hamilton & Dayton Railway Company. Defendant demurs to complainant’s petition. Complainant’s petition is as follows: Plaintiff is a citizen of the state of Indiana, and is the duly appointed and qualified administratrix of the estate of her husband, John L. Popp, deceased.
Read the full summary
Action for death by wrongful act by Minnie Popp, as administratrix of John L. Popp, deceased, against the Cincinnati, Hamilton & Dayton Railway Company. Defendant demurs to complainant’s petition. Complainant’s petition is as follows: Plaintiff is a citizen of the state of Indiana, and is the duly appointed and qualified administratrix of the estate of her husband, John L. Popp, deceased. The defendant is a corporation organized under the laws of Ohio, and is a citizen of Ohio and resident of this district, and was on the 21st day of September, 1898, operating a railroad between Cincinnati,…
1Opinion of the Court
THOMPSON, District Judge.
This cause is submitted to the court upon a demurrer to the petition upon the ground that it does not appear therefrom that the court has jurisdiction of the action.
1. It is said that, for aught that appears in the petition, the plaintiff may have been appointed administratrix in a foreign country, or in some state of the Union other than Ohio, and that under section 6133 of the Revised Statutes of Ohio’ a foreign administrator cannot maintain an action “for death caused by wrongful act” under sections’ 6134, 6134a, and 6135 of said statutes. This claim is based upon…
2Cases cited21 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Coal Co. v. BlatchfordSupreme Court of the United States · 1871
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Walden v. SkinnerSupreme Court of the United States · 1880
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Cincinnati, H. & D. R. v. ThiebaudCourt of Appeals for the Sixth Circuit · 1900
- Barrielle v. BettmanDistrict Court, S.D. Ohio · 1912
- Reed v. RobilioDistrict Court, W.D. Tennessee · 1965
- Grand Trunk Western Railroad v. KaplanskyMichigan Supreme Court · 1935
3 more not listed; retrieve them via the Exa API.