Railway Company v. Whitton's Administrator

80 U.S. 270 (1871)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P is a citizen of the State of Illinois and D is a corporation created under the laws of Wisconsin. P is the administrator of his wife’s estate. A statute of Wisconsin provides that 'whenever the death of a person shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured; provided, that such action shall be brought for a death caused in this State, and in some court established by the constitution and laws of the same.' P sued D to recover damages allegedly caused by D. While the action was pending, Congress passed the Act of March 2, 1867, a federal diversity statute. The Act permitted the case to be removed from state court to federal court if the parties were diverse and the claim exceeded $500. P removed and won a judgment for $5000. D claimed a writ of error in that the remedy under the Wisconsin statute could only be enforced if the suit was brought in state court. The Circuit Court denied D’s motion. D appealed.