Kluchnik v. Lehigh Valley Coal Co.
Court of Appeals for the Second Circuit
In Error to.the District Court of the United States for the Southern District of New York. Action by George Kluchnik against the Eehigh Valley Coal Company. On the death of plaintiff, Mary Kluchnik and Robert C. Eipman separately moved to revive the action, which motions were denied.
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In Error to.the District Court of the United States for the Southern District of New York. Action by George Kluchnik against the Eehigh Valley Coal Company. On the death of plaintiff, Mary Kluchnik and Robert C. Eipman separately moved to revive the action, which motions were denied. This cause comes here -upon writ o,f error to review orders made respectively on November 11, 1914, December 30 and 3E 1914, and March 17, 1915, which resulted in a refusal on the part of the District Court to permit the revival and prosecution of an action to recover damages for the death of John Kluchnik which…
1Opinion of the Court
COXE, Circuit Judge.
The chronology of the important events here involved is as follows: John Kluchnik was the son of George and Mary Kluchnik and on June 24, 1913, being then 16 years of age, was in the employ of the defendant as a nipper and while so employed was killed by the alleged negligence of the defendant.
On August 1, 1913, George Kluchnik, the father of the deceased John Kluchnik, commenced a suit in the District Court for the Southern District of New York to recover damages in the sum of $25,000. *881The complaint in this action alleged that John Kluchnik died intestate and left…
2Cases cited3 opinions
- Reardon v. Balaklala Corsol. Copper Co.U.S. Circuit Court for the District of Northern California · 1912
- Waltz v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1861
3Cited by2 opinions
- Murray v. New York, Ontario & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1934
- Roman v. Lehigh Valley Coal Co.District Court, E.D. New York · 1917