Legal Opinion

Weaver v. Baltimore & Ohio Railroad

District of Columbia Court of Appeals

Decided June 4, 1894No. 245Published

HeariNG on a bill of exceptions by the plaintiff in an action for damages for death by alleged wrongful act. The Court in its opinion stated the case as follows: Appellant, Harriet R. Weaver, as the administratrix of the estate of Cecil F. Weaver, deceased, under letters of administration issued by the Orphans’ Court of Cecil county, Maryland, instituted this suit against the appellee on June io, 1890, in the Supreme Court of the District of Columbia, to recover damages for…

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HeariNG on a bill of exceptions by the plaintiff in an action for damages for death by alleged wrongful act. The Court in its opinion stated the case as follows: Appellant, Harriet R. Weaver, as the administratrix of the estate of Cecil F. Weaver, deceased, under letters of administration issued by the Orphans’ Court of Cecil county, Maryland, instituted this suit against the appellee on June io, 1890, in the Supreme Court of the District of Columbia, to recover damages for the negligent killing of said Cecil F. Weaver, at a point on its line in the State of West Virginia. Defendant pleaded…

1Opinion of the CourtJustice Shepard

i. The administratrix appointed in the State of Maryland has instituted this suit under the authority of tibe act of Congress which permits foreign administrators and executors to bring suits in the courts of the District of Columbia in the same manner as if their letters had been granted therein. 24 Stat. at Large, 431.

The right of action is claimed under the statute of West Virginia, within which State intestate’s death occurred. It is conceded that this statute is substantially like that of the District of Columbia on the same subject, save that by the latter the action must be brought…

2Cases cited10 opinions

  1. Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
  2. United States v. RossSupreme Court of the United States · 1876
  3. Transportation Company v. DownerSupreme Court of the United States · 1871
  4. Manning v. Insurance Co.Supreme Court of the United States · 1880
  5. G., C. & Santa Fe R'y Co. v. EvansichTexas Supreme Court · 1884

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