Leman v. Baltimore & O. R. Co.

KOHRSAAT, District Judge.

This cause comes on to be heard upon the motion of defendant that the cause stand dismissed as of November 28, 1903, upon the following state of facts : The suit was instituted by the administrator of Rouis Al. Niman, deceased, formerly a citizen of Illinois, to recover $35,000 for negligence of the defendant which resulted in causing the death of plaintiff’s decedent at Glenwood, Pa. There is sufficient in the pleadings to disclose the fact that plaintiff sought to recover under the statute of Pennsylvania, where the accident occurred, which statute does not limit…