Maiorano v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 48, Oct. T., 1906, by plaintiff, from order of O. P. No. 3, Allegheny Go., Aug. T., 1904, No. 418, refusing to take off nonsuit in case of Maria Guiseppa Raffaelo Maiorano v. Baltimore & Ohio Railroad Co. Trespass to recover damages for death of plaintiff’s husband. Before McOlung, J. Prom the record it appeared that plaintiff’s husband was killed on the railroad of the defendant on December 23, 1903, near Conn ells ville, in the state of Pennsylvania.
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Appeal, No. 48, Oct. T., 1906, by plaintiff, from order of O. P. No. 3, Allegheny Go., Aug. T., 1904, No. 418, refusing to take off nonsuit in case of Maria Guiseppa Raffaelo Maiorano v. Baltimore & Ohio Railroad Co. Trespass to recover damages for death of plaintiff’s husband. Before McOlung, J. Prom the record it appeared that plaintiff’s husband was killed on the railroad of the defendant on December 23, 1903, near Conn ells ville, in the state of Pennsylvania. The plaintiff alleged in her statement that she was a resident of the Kingdom of Italy, and a subject of the King of Italy. The…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
A single fact not appearing, and of course not considered, in the case of Deni v. Penna. R. R. Co., 181 Pa. 525, is relied upon to distinguish this case from that, and exempt it from the operation of the rule there declared. That case expressly decides that a nonresident alien has no standing to maintain an action under the Act of April 26, 1855, P. L. 309, for the recovery of damages for injury to another causing death. There, as here, the party claiming the right of action was a nonresident alien, the citizenship in both cases being in the kingdom of Italy. The…
2Cases cited6 opinions
- Edye v. RobertsonSupreme Court of the United States · 1884
- United States v. RauscherSupreme Court of the United States · 1886
- Ware v. HyltonSupreme Court of the United States · 1796
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1858
- Deni v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Liberato v. Royer & HerrSuperior Court of Pennsylvania · 1923
- Commonwealth v. PapsoneSuperior Court of Pennsylvania · 1910
- Patek v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1907
- Zeiger v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1907
- Dobbin v. Mallory S. S. Co.District Court, E.D. New York · 1924
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