Verano v. De Angelis Coal Co.

JOHNSON, District Judge.

Plaintiff, an alien, subject of the King of Italy, has brought this action against a Pennsylvania corporation to recover damages for silicosis contracted while working in the defendant’s mines through defendant’s negligence and non-compliance with law. Defendant has moved to dismiss or stay the action on the ground that the plaintiff is an alien enemy without right at this time to resort to the United States Courts. The defendant argues that, although undeclared, a state of war exists today between the United States and the Kingdom of Italy, and that without a formal…