Waring v. Baltimore & Ohio Ry.

Citations

• 23 Ohio C.C. Dec. 194
• 15 Ohio C.C. (n.s.) 33

Syllabus

<p>Action for Death Occurring in Another State of Nonresident Employe of Railway Engaged in Interstate Commerce is Maintainable in this State under Federal Employers’ Liability Act.</p> <p>The general rule that no action can be maintained in the courts of this state upon a cause of action for wrongful death occurring in another state, except where the person wrongfully killed was a citizen of Ohio, is so modified by the Federal Employers’ Liability act, of April 22, 1908, regulating the liability of interstate railway carriers for the death or injury of their employes while engaged in interstate commerce, as to' permit the maintenance of such action by the proper representative of a deceased employe of an interstate railway carrier, though said employe was not a citizen of Ohio and was killed in some other state.</p> <p>[Syllabus by the court.]</p>