Legal Opinion

Keystone Coal & Coke Co. v. Fekete

Court of Appeals for the Sixth Circuit

Decided April 6, 1916No. Nos. 2692-2695PublishedCited by 13 opinions

In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; Wm. E. Day, Judge. Four actions, by Michael Fekete, by Frank Tliry, by Anna Helm-linger, and by Adam Muller, against the Keystone Coal & Coke Company.- Judgments for plaintiffs, and defendant brings error. The Keystone Company operated coal mines in Pennsylvania and owned the houses used by the men.

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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; Wm. E. Day, Judge. Four actions, by Michael Fekete, by Frank Tliry, by Anna Helm-linger, and by Adam Muller, against the Keystone Coal & Coke Company.- Judgments for plaintiffs, and defendant brings error. The Keystone Company operated coal mines in Pennsylvania and owned the houses used by the men. One of these houses was occupied by Mr. and Mrs. Wilding; he worked in the mine, and she ran the house on her own account, as a boarding house for convpany workmen; a considerable…

1Opinion of the CourtDenison, Circuit Judge

(after stating the facts as above). [1] 1. Statute of Limitations. The injuries happened December 24, 1910, in Pennsylvania. The Ohio statute referring to actions for death caused by wrongful act in another state, says:

“Every such action * * * shall be commenced within the time prescribed for the commencement of such action by the statute of such other state.” Gen. Code Ohio, § 10770, as amended, 101 O. L. 198.

The Pennsylvania period of limitation for “such action” was one year. Plence the period expired December 24, 1911. The Ohio statutes further provide (G. C. § 11230) that:

“An action…

2Cases cited6 opinions

  1. Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
  2. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  3. Seaboard Air Line Railway v. KoenneckeSupreme Court of the United States · 1915
  4. Young v. CorriganCourt of Appeals for the Sixth Circuit · 1914
  5. Erie R. v. SchomerCourt of Appeals for the Sixth Circuit · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Deupree v. LevinsonCourt of Appeals for the Sixth Circuit · 1950
  2. United States v. PowellCourt of Appeals for the Fourth Circuit · 1938
  3. Hines v. SmithCourt of Appeals for the Sixth Circuit · 1921
  4. Lopez v. United StatesCourt of Appeals for the Fourth Circuit · 1936
  5. Bryan v. Inspiration Consolidated Copper Co.Arizona Supreme Court · 1922

8 more not listed; retrieve them via the Exa API.

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