Wooden v. Western N.Y.&P.R. Co.,

CourtNew York Court of Appeals
Writing for the CourtFINCH
Citation26 N.E. 1050,126 N.Y. 10
PartiesWOODEN v. WESTERN N. Y. & P. R. CO.
Decision Date10 March 1891

126 N.Y. 10
26 N.E. 1050

WOODEN
v.
WESTERN N. Y. & P. R. CO.

Court of Appeals of New York.

March 10, 1891.


Appeal from superior court of Buffalo, general term.


[126 N.Y. 12]John G. Milburn, for appellant.

Harlow C. Curtiss, for respondent.


[126 N.Y. 14]FINCH, J.

This appeal is from an interlocutory judgment overruling a demurrer and determining that the complaint assailed stated a good cause of action. That pleading alleged that the plaintiff was and is a resident of this state, and the defendant a corporation created and existing under our laws. The contest thus is between a resident individual and a domestic corporation. The latter owned and operated a line of railroad extending beyond our boundaries into the adjoining state of Pennsylvania, and the complaint alleged that in that state the plaintiff's husband was killed by the negligence of the defendant company. The complaint further averred that the statutes of that state gave a right of action for the injury sustained by the widow and children; that the remedy could be enforced in the name of the former as plaintiff, but for her own benefit and that of the children; and that such statute was of similar import to that existing in our own jurisdiction. Judgment was thereupon demanded for damages in the sum of $20,000. The demurrer interposed raised two objections: First, that the statutes of the two states were not similar, but different; and, second, that the action could not be maintained here in the name of the widow, but only in that of an executor or administrator of the deceased; and the final result sought to be established was that the widow could not maintain an action in this state because that is contrary to our statute, and that the administratrix could not because that is contrary to the Pennsylvania statute; and so there is no remedy whatever in our jurisdiction.

Certain propositions essential to the inquiry before us have been explicitly determined in McDonald v. Mallory, 77 N. Y. 546, and need no other citation for their support. That case held that the liability of a person for his acts, whether wrongful or negligent, depends in general upon the law of the place in which the acts were committed; that actions for [126 N.Y. 15]injuries to the person in another state are sustained here without proof of the lex loci, because they are permitted by the common law which is presumed to exist in the foreign state; that such presumption does not arise where the right of action depends upon a statute which confers it; and that in such case the action can only be maintained here by proof that the statutes of the state in which the injury occurred give the right of...

To continue reading

Request your trial
64 practice notes
  • Collins v. American Automobile Insurance Company, No. 141
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 14 Febbraio 1956
    ...an action for wrongful death, even though the law of the forum prescribed different plaintiffs. See Wooden v. Western N. Y. & P. R. Co., 126 N.Y. 10, 16, 26 N.E. 1050, 1051, 13 L.R. A. 458, wherein the court said: "But it must not be forgotten that the cause of action sued upon is the cause......
  • Kilberg v. Northeast Airlines, Inc.
    • United States
    • New York Court of Appeals
    • 12 Gennaio 1961
    ...grounds to enforce one of its provisions as to damages. Page 137 [9 N.Y.2d 41] Actually, we have in Wooden v. Western N. Y. & Pa. R. Co., 126 N.Y. 10, 16-17, 26 N.E. 1050, 1051, 13 L.R.A. 458, a flat holding by our court that, in an action brought for causing a wrongful death in Pennsylvani......
  • Crebbin v. Deloney
    • United States
    • Supreme Court of Arkansas
    • 14 Giugno 1902
    ...64 Ark. 39; 14 S.W. 1024; 87 Ga. 113; 1 Wall. 298; 96 U.S. 51. The rule as to transitory actions: 88 Va. 971; 68 Vt. 727; 145 U.S. 593; 126 N.Y. 10; 16 R. I. 388; 83 Ky. 174; 113 Ind. 169. The rule that a state cannot enforce the criminal penalties of another applies to civil suits for pena......
  • Theodosis v. Keeshin Motor Exp. Co., Gen. No. 44903
    • United States
    • United States Appellate Court of Illinois
    • 11 Maggio 1950
    ...death act of Canada. One of the cases which is contrary to the foregoing decisions is that of Wooden v. Western & N.Y. & P. R. R. Co., 126 N.Y. 10, 26 N.E. 1050, 13 L.R.A. 428, 22 Am.St.Rep. 803, cited in 56 L.R.A. 206. The annotator in L.R.A. made this comment: 'It will be observed that th......
  • Request a trial to view additional results
64 cases
  • Collins v. American Automobile Insurance Company, No. 141
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 14 Febbraio 1956
    ...an action for wrongful death, even though the law of the forum prescribed different plaintiffs. See Wooden v. Western N. Y. & P. R. Co., 126 N.Y. 10, 16, 26 N.E. 1050, 1051, 13 L.R. A. 458, wherein the court said: "But it must not be forgotten that the cause of action sued upon is the cause......
  • Kilberg v. Northeast Airlines, Inc.
    • United States
    • New York Court of Appeals
    • 12 Gennaio 1961
    ...grounds to enforce one of its provisions as to damages. Page 137 [9 N.Y.2d 41] Actually, we have in Wooden v. Western N. Y. & Pa. R. Co., 126 N.Y. 10, 16-17, 26 N.E. 1050, 1051, 13 L.R.A. 458, a flat holding by our court that, in an action brought for causing a wrongful death in Pennsylvani......
  • Crebbin v. Deloney
    • United States
    • Supreme Court of Arkansas
    • 14 Giugno 1902
    ...64 Ark. 39; 14 S.W. 1024; 87 Ga. 113; 1 Wall. 298; 96 U.S. 51. The rule as to transitory actions: 88 Va. 971; 68 Vt. 727; 145 U.S. 593; 126 N.Y. 10; 16 R. I. 388; 83 Ky. 174; 113 Ind. 169. The rule that a state cannot enforce the criminal penalties of another applies to civil suits for pena......
  • Theodosis v. Keeshin Motor Exp. Co., Gen. No. 44903
    • United States
    • United States Appellate Court of Illinois
    • 11 Maggio 1950
    ...death act of Canada. One of the cases which is contrary to the foregoing decisions is that of Wooden v. Western & N.Y. & P. R. R. Co., 126 N.Y. 10, 26 N.E. 1050, 13 L.R.A. 428, 22 Am.St.Rep. 803, cited in 56 L.R.A. 206. The annotator in L.R.A. made this comment: 'It will be observed that th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT