Szymanski v. Blumenthal & Ullman

Citations

• 19 Del. 558
• 3 Penne. 558
• 52 A. 347
• 1902 Del. LEXIS 15

Syllabus

<p>Foreign Attachment—Plea in Abatement—Pleading—Demurrer— Statute; Construction of—Aliens—Widow of Deceased Employee—Right of Action—Damages—Married Women.</p> <p>1. Under Section 2, Chapter 31, Vol. 13, Laws of Delaware {Rev. Code, 788), which provides that “ wherever death shall be occasioned by unlawful violence or negligence, and no suit be brought by the party injured to recover damages during his or her life, the widow of such deceased person, or it there be no widow, the personal representatives may maintain an action for and recover damages for the death thus occasioned,” the widow of one who lost his life from an injury occurring to him whilst actually engaged in our city and State in behalf of one of our industrial establishments may maintain the action, although before and at the time of the injury, and of the commencement of the suit, she was an alien, and actually resident in a foreign country.</p> <p>2. The said statute nowhere in its terms, or by implication, excludes non-resident aliens, or restricts to citizens or resident aliens its operation.</p> <p>3. It should be, and is our true policy to invite to our country and State the industrious and worthy people of foreign lands and to do nothing calculated to repel or dircourage them. To promote it both national and State legislation has been enacted from time to time. Our legislation, both State and national, has been more liberal and progressive than that of foreign nations in respect to aliens; and in this and other States the legislation in regard to married women has steadily grown more liberal and enlightened.</p>