Chase v. Ormsby

DICKINSON, District Judge.

This cause must look for its ruling to the misty subject of the “Conflict of Laws.” The defendant’s decedent was the owner and operator of an elevator. The plaintiff was injured by a fall of the elevator due, as is averred, to the negligence of its operator. The injury, however, was sustained in the state of New York. By the laws of that state the common-law maxim is followed that the right of recovery for personal torts dies with the person of the tort-feasor unless an action was begun in his lifetime. The action is brought in Pennsylvania, in which state by statute…