Maysville Street Railroad & Transfer Co. v. Marvin
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for- the District of Kentucky. Statement by BURTON, Circuit Judge: The deceased, Marion Wilson, was killed at Maysville, Ky., by being run over by a street car operated by one of the servants of the appellant company. He was a citizen and resident of tlie state of Ohio, in which state the appellee, Marvin, was appointed administrator.
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In Error to the Circuit Court of the United States for- the District of Kentucky. Statement by BURTON, Circuit Judge: The deceased, Marion Wilson, was killed at Maysville, Ky., by being run over by a street car operated by one of the servants of the appellant company. He was a citizen and resident of tlie state of Ohio, in which state the appellee, Marvin, was appointed administrator. The appellant company is a Kentucky corporation, exclusively engaged in operating a street-car line in tlie city of Maysville. Tlie Ohio administrator brought this suit in tlie United States circuit court for…
1Opinion of the CourtLurton, Circuit Judge
The vital question involved in this appeal is as to the capacity of an administrator appointed in one state in recover damages for the death of his intestate in the courts and under a statute of another stale. The capacity conferred by letters of administration is limited to the state within which they are granted, and, in the absence of a statute giving effect to a foreign appointment, no suit can be maintained in the courts of another state by such an administrator. This is the well-settled rule of the common law. Schouler, ExTs, § 104, and authorities cited.
*92In Noonan v. Bradley, 9 Wall.…
2Cases cited9 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Louisville & Nashville Railroad v. SandersCourt of Appeals of Kentucky · 1887
- Cable v. McCuneSupreme Court of Missouri · 1858
- Fletcher's Administrator v. SandersCourt of Appeals of Kentucky · 1838
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dorothy Crooker v. United StatesCourt of Appeals for the Eighth Circuit · 1963
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Whitley v. Spokane & Inland Railway Co.Idaho Supreme Court · 1913
- Russell v. CoxIdaho Supreme Court · 1944
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
15 more not listed; retrieve them via the Exa API.