Conover v. Pennsylvania R.
U.S. Circuit Court for the District of Southern New York
Action by Ella K. Conover against the Pennsylvania Railroad Company. On motion of Theophile Sirois, guardian ad litem, to vacate order of discontinuance made on settlement. Joseph D. Conover was killed in an accident on the defendant’s railroad, at Glover Creek Junction, Pa. Ella K. Conover, widow of Joseph 1>. Conover, brought an act ion as administratrix in the Supreme Court of New York County. On motion by the defendant the case was removed to this court.
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Action by Ella K. Conover against the Pennsylvania Railroad Company. On motion of Theophile Sirois, guardian ad litem, to vacate order of discontinuance made on settlement. Joseph D. Conover was killed in an accident on the defendant’s railroad, at Glover Creek Junction, Pa. Ella K. Conover, widow of Joseph 1>. Conover, brought an act ion as administratrix in the Supreme Court of New York County. On motion by the defendant the case was removed to this court. The defendant then demurred on the ground that plaintiff was without capacity to sue, she having sued as administratrix, and thereafter…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). It is quite clear under the law of Pennsylvania that the widow alone is the person in whom the right of action is vested. Huntingdon & Broad Top R. R. Co. v. Decker, 84 Pa. 419; Marsh v. Pennsylvania R. R. Co., 204 Pa. 229, 53 Atl. 1001; Haughey v. Pittsburg Ry. Co., 210 Pa. 367, 59 Atl. 1110. All the proceeds she holds in trust for herself and her children; but there is no provision anywhere in the statute by which the interest of the children may be apportioned in the action, and the proceeds are to be turned over to her for her distribution. I think that…
2Cases cited8 opinions
- Marsh v. Western New York & Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1903
- Huntingdon & Broad Top Railroad v. DeckerSupreme Court of Pennsylvania · 1877
- Haughey v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1904
- Southern Pacific Co. v. TomlinsonSupreme Court of the United States · 1896
- Freund v. YaegermanU.S. Circuit Court for the District of Eastern Missouri · 1886
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3Cited by2 opinions
- Hansen v. Stimson Mill Co.Washington Supreme Court · 1938
- Mann v. Minnesota Electric Light & Power Co.Court of Appeals for the Tenth Circuit · 1930