Boyd v. Clark
U.S. Circuit Court for the District of Eastern Michigan
On Demurrer to Declaration. This is an action, based upon a statute of the province of Ontario, to recover damages for the death of plaintiff’s intestate by reason of the alleged negligence of the defendants.
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On Demurrer to Declaration. This is an action, based upon a statute of the province of Ontario, to recover damages for the death of plaintiff’s intestate by reason of the alleged negligence of the defendants. The declaration sets forth that plaintiff’s intestate (Ms son) was in the employment of defendants as a deck hand upon the ‘steam-boat Alaska, owned by defendants and engaged in navigation as a common carrier between Detroit and Sandusky; that by reason of negligence and want of proper care on the part of the owners in regard to the construction and equipment of the steamer, and in…
1Opinion of the Court
Brown, D. J.
It is a well-established principle of law that where' a right of action is given by a state statute such right may be enforced in another state, and also that such right will be enforced according to the forms and modes of procedure in use in the latter state. Or, to put it briefly, the lex loci contractus governs the rights of parties, but the lex fori determines the remedy. This principle has been applied in a large number of cases arising upon contracts, but in the recent case of Dennick v. Railroad Co. 103 U. S. 11, it was applied to a statute of this description, where the…
2Cases cited8 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Shelby v. GuySupreme Court of the United States · 1826
- Jones v. JonesSupreme Court of Alabama · 1850
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Eastwood v. KennedyCourt of Appeals of Maryland · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Theroux v. Northern Pac. R.Court of Appeals for the Eighth Circuit · 1894
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Brunswick Terminal Co. v. National Bank of BaltimoreCourt of Appeals for the Fourth Circuit · 1900
- Maki v. George R. Cooke Co.Court of Appeals for the Sixth Circuit · 1942
- Lewis v. Reconstruction Finance CorporationCourt of Appeals for the D.C. Circuit · 1949
18 more not listed; retrieve them via the Exa API.