Delaware, L. & W. R. v. Petrowsky
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Ignatz Petrowsky, an infant, by Ona Roder, his guardian ad litem, against the Delaware, Eackawanna & Western Railroad Company. There was a judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Eastern District of New York.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Ignatz Petrowsky, an infant, by Ona Roder, his guardian ad litem, against the Delaware, Eackawanna & Western Railroad Company. There was a judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Eastern District of New York. The plaintiff alleges that he is a resident and citizen of the state of New York in the Eastern district. The defendant is alleged to be a corporation organized and existing under the laws of the…
1Opinion of the Court
ROGERS, Circuit Judge.
[1] If the court below had jurisdiction of this case it is because of the diversity of citizenship of the parties. But the defendant in its answer alleges that no such diversity of citizenship exists. It denies that the defendant is a citizen of the state of New York as he claiins, and it asserts that he is a citizen of the state of Pennsylvania in which the defendant itself resides.
The term “citizen,” as used in the Judiciary Act with reference to the jurisdiction of the federal courts, is substantially synonymous with the term “domicile.” It means a citizen of the…
2Cases cited41 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Gilbert v. DavidSupreme Court of the United States · 1915
- Lámar v. MicouSupreme Court of the United States · 1885
- Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
- Lámar v. MicouSupreme Court of the United States · 1884
36 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Kantor v. Wellesley Galleries, Ltd.Court of Appeals for the Ninth Circuit · 1983
- Sadat v. MertesCourt of Appeals for the Seventh Circuit · 1980
- Kantor v. Wellesley Galleries, Ltd.Court of Appeals for the Ninth Circuit · 1983
- United States v. Jo-Ann Venturella, Also Known as Jo-Ann FerrettiCourt of Appeals for the Second Circuit · 2004
- Glass v. GlassMassachusetts Supreme Judicial Court · 1927
45 more not listed; retrieve them via the Exa API.