Lehigh Valley Coal Co. v. Washko
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Katie Washko, an infant, by Frank Dindl, her guardian ad litem, against the Lehigh Valley Coal Company. This cause comes here upon appeal from a judgment in favor of defendant in error, who was plaintiff below. The action was brought by a widow to recover damages for the death of her husband, who was employed by defendant in its mine in Pennsylvania.
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In Error to the District Court of the United States for the Southern District of New York. Action by Katie Washko, an infant, by Frank Dindl, her guardian ad litem, against the Lehigh Valley Coal Company. This cause comes here upon appeal from a judgment in favor of defendant in error, who was plaintiff below. The action was brought by a widow to recover damages for the death of her husband, who was employed by defendant in its mine in Pennsylvania. He was killed on December 6, 1912, by the fall of a piece of rock from the roof of the gallery in which he was at work hauling water.
1Opinion of the Court
LACOMBE, Circuit Judge.
The first question raised is one of jurisdiction.
[1-4] The complaint averred that plaintiff was a citizen of the United States and a resident of the city of New York and that defendant was a Pennsylvania corporation and therefore a citizen of Pennsylvania. Upon these averments the action was properly brought in the Southern district of New York. The answer averred that defendant had no knowledge or information sufficient to form a belief as to, the allegations of plaintiff’s citizenship and residence and upon this, among other issues, the parties went to trial. The…
2Cases cited5 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Lehigh Valley Coal Co. v. YensavageCourt of Appeals for the Second Circuit · 1914
- Golden v. Mt. Jessup Coal Co.Supreme Court of Pennsylvania · 1909
- Vagaszki v. Consolidation Coal Co.Court of Appeals for the Second Circuit · 1915
- Lehigh Valley Coal Co. v. CalauskyCourt of Appeals for the Second Circuit · 1915
3Cited by18 opinions
- Eddie Manley, Individually, and as Administratrix of the Estate of Shirley Hall v. Leve T. EngramCourt of Appeals for the Eleventh Circuit · 1985
- Vidal v. South American Securities Co.Court of Appeals for the Second Circuit · 1921
- Great Lakes & St. Lawrence Transp. Co. v. Scranton Coal Co.Court of Appeals for the Seventh Circuit · 1917
- De Dood v. Pullman Co.Court of Appeals for the Second Circuit · 1932
- Steidle v. Reading Co.Court of Appeals for the Third Circuit · 1928
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