Mackay v. Central R. Co.
Citation | 4 F. 617 |
Parties | MACKAY, Administratrix, etc. v. CENTRAL R. CO. |
Decision Date | 08 November 1880 |
Court | United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York |
SHIPMAN D.J.
The complaint in this case alleges that on April 23, 1874, Louisa S. Mackay died, and subsequently letters of administration upon her estate were duly granted to the plaintiff, a resident of the city of New York, by the surrogate of the county of New York; that the plaintiff duly qualified and entered upon the discharge of the duties of said office; that the defendants are a corporation created under the laws of the state of New Jersey, and are common carriers of passengers between the cities of New York and Jersey City and on April 23, 1874, received Louisa S. Mackay, in New York, into one of their ferry-boats as a passenger, to be transported to Jersey City, and so unskilfully conducted themselves that in consequence of their negligence she fell between the end of the boat and the pier, at Jersey City, and was drowned. The complaint further alleges that by an act of the legislature of New Jersey, passed March 3, 1848, it was provided:
After the jury was empanelled, and before any evidence was taken the defendants moved to dismiss the complaint, because the plaintiff, an administratrix in the state of New York, and appointed solely under its laws, has no power or authority by virtue of the statute of the state of New Jersey, to sue for and recover damages for the death of the intestate-- a question which, it was conceded by the plaintiff, is clearly presented upon the pleadings. It is manifest that the right of an...
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Richter v. East St. Louis & S. Ry. Co.
...Co. v. Marvin (C. C. A.) 59 F. 91, Sanbo v. Coal Co. (C. C.) 130 F. 52, Lyon v. Boston, etc., Ry. Co. (C. C.) 107 F. 386, Mackay v. Central, etc., Ry. Co., 4 F. 617, Fed. Cas. No. 8,842, and many others, are squarely opposed, yet what seems to be the controlling point in the case, namely, w......