Battese v. Union Pacific Railroad

The opinion of the court was delivered by

Dawson, J.:

This was an action in a Kansas court to recover under a Nebraska statute for the wrongful death of Alex Thompson, which occurred in Nebraska.

Defendant’s demurrer to plaintiff’s petition was sustained by the trial court—

“On the ground that an administrator appointed for the estate of a resident of Kansas by a probate court of Kansas, has no power to maintain an action in the courts of Kansas to enforce a liability created by the laws of Nebraska for the death of the intestate.”

Was this ruling correct? The trial court followed the early case…