Knight v. West Jersey Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia County: Of January Term, 1884, No. 212. This was an action of trespass on the case by Sarah Knight, Archibald Knight, and Susan Knight, by their next friend and father James Knight, and James Knight against the West Jersey Railroad Company, to recover damages for the death of Jane Knight, wife of James Knight and mother of Sarah, Archibald and Susan Knight.
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Error to the Court of Common Pleas, No. 3, of Philadelphia County: Of January Term, 1884, No. 212. This was an action of trespass on the case by Sarah Knight, Archibald Knight, and Susan Knight, by their next friend and father James Knight, and James Knight against the West Jersey Railroad Company, to recover damages for the death of Jane Knight, wife of James Knight and mother of Sarah, Archibald and Susan Knight. On the trial, before Yerkes, J., the counsel for plaintiff, in his opening to the jury stated that the alleged negligence of the defendant, causing the death of the said Jane…
1Opinion of the CourtJustice Trunkey
Upon the mere admission contained in the written agreement of the counsel, the nonsuit was rightly ordered. By all authority where the Act complained of is not the subject of legal redress by the law of the place where committed, it cannot be made the subject of such action by the statute of another state where the action is brought. It does not appear in the record that a statute exists in- New Jersey creating a liability by the defendant for the act complained of in the declaration. The common law does not give the right, and it cannot be presumed that it has been given by statute.
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2Cases cited6 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- State v. Pittsburgh & Connellsville Rail RoadCourt of Appeals of Maryland · 1876
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3Cited by30 opinions
- Rosenzweig v. HellerSupreme Court of Pennsylvania · 1930
- Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
- Centofanti v. Penna. R. R.Supreme Court of Pennsylvania · 1914
- Kelly v. International Clay Products Co.Supreme Court of Pennsylvania · 1927
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
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