Maiorano v. Baltimore & Ohio Railroad

Citations

• 216 Pa. 402
• 65 A. 1077
• 1907 Pa. LEXIS 829

Syllabus

<p>Constitutional law — Treaties— Construction of treaties.</p> <p>When rights conferred by a treaty are of such a nature as to be enforced in a court of justice, the court resorts to the treaty for the rule of decision as it would to a legislative enactment.</p> <p>In construing a treaty the general rule obtains that the court is to be guided by the intention of the parties, and if the words clearly express the meaning and intention, no other means of interpretation can be employed. •</p> <p>The provision in the treaty between the United States and the Kingdom of Italy which stipulates that the citizens of Italy in the states and territories of the United States shall enjoy, in the protection and security of their persons and property, the same rights which the citizens of the United States enjoy, applies only to such citizens of Italy, who either with respect to their persons or property, are within the jurisdiction of the United States.</p> <p>Negligence — Death—Act of April 26, 1855, P. L. 309 — Nonresident aliens — Treaty between the United States and Italy — Constitutional law— Nonsuit.</p> <p>A nonresident alien, who is citizen of the Kingdom of Italy, has no standing under the treaty between the United States and Italy to maintain an action under the Pennsylvania act of April 26, 1855, for the recovery of damages for injuries to another causing death. .</p>