Hughes v. Fetter

]_Fairchild, J.

The Wisconsin statute, sec. 331.03, which the learned trial judge ruled prevented the maintenance of the action and required a dismissal of the complaint, does permit recovery for death by wrongful act. But it also contains the provision “that such action shall be brought for a death caused in this state.” The question is now raised whether for a death in Illinois this action can be maintained in Wisconsin notwithstanding that provision in our statute.

The right to recover for death by wrongful act is purely statutory. The words of the statute, “provided, that such action shall…