Briggs v. Pennsylvania R. Co.

L. HAND, Circuit Judge.

The plaintiff, a resident of Pennsylvania, sued under the Federal Employers’ Liability Act, as administratrix appointed in that state of one, Briggs, her husband, likewise a resident of Pennsylvania, who was killed while in the defendant’s employ. She originally sued without ancillary letters granted in New York; but she later secured these based upon a petition which did not however allege that Briggs had had any personal property in that state other than the cause of action here in suit. At the trial the defendant admitted liability, but challenged the plaintiff’s…