Krachanake ex rel. Krachanake v. Acme Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at tbe December Term, 1917, of New HaNovek. This is an action to recover damages for personal injury caused, as alleged, by tbe negligence of tbe defendant. Tbe action is brought by Andrew Krachanake, Jr., a minor ten years of age, by his father, Andrew Krachanake, Sr., as bis next friend. Tbe father is a native of Austria-Hungary.
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Appeal by defendant from Devin, J., at tbe December Term, 1917, of New HaNovek. This is an action to recover damages for personal injury caused, as alleged, by tbe negligence of tbe defendant. Tbe action is brought by Andrew Krachanake, Jr., a minor ten years of age, by his father, Andrew Krachanake, Sr., as bis next friend. Tbe father is a native of Austria-Hungary. He left that country with bis family fifteen years ago and has lived since then two years in Ohio, eight years in Canada, and five years in this State. This country declared war against Austria-Hungary after tbe verdict was…
1Opinion of the Court
AlleN, J".
Tbe first question presented by tbe appeal is as to tbe right of tbe plaintiff, a native of Austria-Hungary and resident in tbis State, to maintain an action in our courts as next friend to recover damages for personal injury to bis infant son.
Tbe plaintiff left Austria-Hungary fifteen years ago, and since then bas lived two years in Obio, eight years in Canada, and five years in tbis State.
There is neither allegation nor evidence that be bas been guilty of any act or utterance unfriendly to tbe United States, and so far as tbe record discloses be is a quiet law-abiding laborer. He…
2Cases cited5 opinions
- United States v. Wong Kim ArkSupreme Court of the United States · 1898
- Powers v. HarlowMichigan Supreme Court · 1884
- Brittingham v. . StadiemSupreme Court of North Carolina · 1909
- Barnett v. MillsSupreme Court of North Carolina · 1914
- Hockoday v. . LawrenceSupreme Court of North Carolina · 1911
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- Barnett v. . MillsSupreme Court of North Carolina · 1914
- Petition of BernheimerCourt of Appeals for the Third Circuit · 1942
- Matsuda v. LuondCalifornia Court of Appeal · 1942
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