Romano v. Capital City Brick & Pipe Co.
Supreme Court of Iowa
Appeal from Polh District Court.— Hon. W. H. McHenry, Judge. Action to recover damages for the death of intestate, Natale Chiesa, occasioned by the negligence of defendant, in whose employment he was working at the time of receiving the injury which caused his death.
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Appeal from Polh District Court.— Hon. W. H. McHenry, Judge. Action to recover damages for the death of intestate, Natale Chiesa, occasioned by the negligence of defendant, in whose employment he was working at the time of receiving the injury which caused his death. The defense interposed was that Natale Chiesa was unmarried and without issue, and that his next of kin was his mother, who is an alien residing in Italy, and that he left no' estate to be administered upon, wherefore the letters of administration issued to the plaintiff were without authority. By way of reply, plaintiff alleged…
1Opinion of the CourtMcClain, J.
It is conceded by counsel on each side that the question presented on this appeal is whether an administrator appointed in Iowa may maintain an action in this State for an injury resulting in death to a resident alien, when it affirmatively appears that intestate’s sole heir was at the time of said death, and still is, a nonresident alien.
Counsel for appellee contend that the statutory provision (Code, section 3443) that “ all causes of action shall survive and may be brought, notwithstanding the death of the person entitled or liable to the same,” should not be given extraterritorial effect,…
2Cases cited23 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lykiardopoulo v. New Orleans & C. R., Light & PowerSupreme Court of Louisiana · 1910
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- Kuehn v. JenkinsSupreme Court of Iowa · 1960
- Raher v. RaherSupreme Court of Iowa · 1911
- Armbruster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
17 more not listed; retrieve them via the Exa API.