Kaneko v. Atchison, T. & S. F. Ry. Co.

WELLBORN, District Judge.

This is an action brought by an administrator to recover damages for the death of his intestate, at the time a resident of Riverside county, Cal., alleged to have been occasioned through the negligence of the defendants. The heirs are a. widow and three children, subjects of the emperor of Japan and residents of that country, and neither of whom has ever been in the United States. The abstract and only question raised by the demur-ref is whether or not, under section 377 of the Code of Civil Procedure of California, nonresident aliens, who are heirs of the deceased,…