Trotta's Adm'r v. Johnson, Briggs & Pitts

• Citation: 121 Ky. 827,90 S.W. 540
• Parties: TROTTA'S ADM'R v. JOHNSON, BRIGGS & PITTS.
• Decision Date: 31 January 1906
• Court: Court of Appeals of Kentucky

90 S.W. 540

121 Ky. 827

TROTTA'S ADM'R v. JOHNSON, BRIGGS & PITTS.

Court of Appeals of Kentucky.

January 31, 1906

Appeal from Circuit Court, Pike County.

"To be officially reported."

Action by Antonio Trotta's administrator against Johnson, Briggs & Pitts. From a judgment overruling a demurrer to an amended answer, plaintiff appeals. Reversed.

Bennett H. Young and Roscoe Vanover, for appellant.

Cabell & Cabell and York & York, for appellees.

O'REAR J.

Appellees were contractors engaged in building a section of a railroad in Pike county, this state. Antonio Trotta, an unnaturalized Italian, was employed on the work by appellees as a laborer. He lost his life by an accident, which is charged by his administrator in this suit to have been by the negligence of appellees. An amended answer pleaded that Antonio Trotta was an alien, and had no estate at his death in this state, and no relatives residing here or in any of the states of the Union. It was asserted that therefore the Pike county court had no jurisdiction to appoint appellant as his administrator, and that consequently appellant could not prosecute this action. This plea, which was in the nature of a plea in abatement, was held good on demurrer, and, being admitted true so far as it stated the facts, appellant could not plead further to show cause against it, and his petition was dismissed.

The Pike county court had jurisdiction to appoint the administrator, if any county in this state had it. The contention is that an alien resident who owns no estate in this country has nothing to be administered here by a personal representative; that the recovery allowed by the Constitution and statutes of this state for death caused by negligence does not belong to the decedent, nor to his estate, as a property right which belonged to the decedent that the provisions create a right, but confer it ex necessitate rei upon citizens of this state only; that our laws cannot have extraterritorial force so as to confer personal rights upon nonresidents or aliens. Section 241 of the Constitution of Kentucky is: "Whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporations and persons so causing the same. Until otherwise provided by law, the action to recover such damages shall in all cases be prosecuted by the personal representative of the deceased person. The General Assembly may provide how the recovery shall go and to whom belong; and until such provision is made, the same shall form part of the personal estate of the deceased person." Section 6, Ky St. 1903, is to the same effect, and in substantially the same language. This court will take notice that the governments of the United States and Italy are at peace. Hence the rule applicable to alien enemies cannot apply.

In this country a man's life, as well as his body, are deemed to be his own. He has here an inherent natural right to live,...