216 Pa. 402 | Pa. | 1907
Opinion by
A single fact not appearing, and of course not considered, in the case of Deni v. Penna. R. R. Co., 181 Pa. 525, is relied upon to distinguish this case from that, and exempt it from the operation of the rule there declared. That case expressly decides that a nonresident alien has no standing to maintain an action under the Act of April 26, 1855, P. L. 309, for the recovery of damages for injury to another causing death. There, as here, the party claiming the right of action was a nonresident alien, the citizenship in both cases being in the kingdom of Italy. The fact not disclosed in that case and appearing in this is, the existence of a treaty between the United States and the kingdom of Italy, whereby certain reciprocal rights in the citizens of the several countries are agreed upon and estab
By express constitutional provision a treaty entered into between the United States and any foreign power is supreme hrw. The constitution further declares with respect to it, “ The judges in every state shall be bound thereby, anything in the constitution of any state to the contrary nothwithstanding.” When by such treaty rights are conferred of a nature 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: Head Money Oases, 112 U. S. 580. It is frequently necessary in cases of this kind for courts, to- ascertain by construction the meaning intended to be conveyed by the terms used, and the application of the stipulations of the treaty to particular cases: U. S. v. Rauscher, 119 U. S. 407; Scharpf v. Schmidt, 172 Ill. 255. 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 : Ware v. Hylton, 3 U. S. 199.
These principles are to be observed in determining the question before us — does the stipulation on the part of the United States, that the citizens of Italy in our states and territories shall enjoy, in the protection and security of their persons and property, the same rights which our own citizens enjoy, confer upon the plaintiff the right to recover in an action, at law under the provisions of the statute of April 26, 1855, for the death of her husband ? While the treaty stipulates for reciprocal rights, we may for convenience here consider it as a covenant engagement by the United States alone. The rights
What we have said sufficiently indicates the difference between the rights of the plaintiff and those of her husband, and the ground upon which the distinction is based. The injury for which plaintiff sues is her own peculiar injury resulting from the death of her husband, a-nd not for injuries he received. A statute right is given our citizens in such case, but plaintiff, as we have seen, with respect to any such claim is not within any treaty privileges, but is simply an alien. This being the case the doctrine of Deni v. Penna. R. R. Co., 181 Pa. 525, applies, and it results that the nonsuit was properly ordered.
The judgment is affirmed.