Schell v. Youngstown Iron Sheet & Tube Co.
Mahoning Circuit Court
Error to Mahoning common pleas court. The words “whenever the death of a citizen of this state” in Sec. bl34a Rev. Stat. are merely cumulative to the right existing at the common law for the enforcement of a cause of action by plaintiff in any jurisdiction where the defendant may be found, the effect of said statute "being only declaratory of the right of citizens of this state, wherein the provision was enacted, and does not in any manner affect the rights of citizens of…
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Error to Mahoning common pleas court. The words “whenever the death of a citizen of this state” in Sec. bl34a Rev. Stat. are merely cumulative to the right existing at the common law for the enforcement of a cause of action by plaintiff in any jurisdiction where the defendant may be found, the effect of said statute "being only declaratory of the right of citizens of this state, wherein the provision was enacted, and does not in any manner affect the rights of citizens of other states from attempting the enforcement of their rights in the forums of the state. Stewart v. Railway Co. 168 U. S.…
1Opinion of the CourtCook, J.
The action below was by the widow and children of Daniel Schell for negligently causing the death of the husband and father of plaintiffs in error. The petition averred that Schell at the time of his death was a resident of the state of Pennsylvania as were also the wife and children ; that the widow and children are still such residents, and that the negligence which caused his death took place in the state of Pennsylvania. If, therefore, plaintiffs have a cause of action it must be under a statute of Pennsylvania.
The petition further avers that the state of Pennsylvania has such statute by…
2Cases cited24 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
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
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