Kelly v. Union Pacific Railway Co.
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Eon. John 8. Butler, Judge. (1) The law of 1905 (Session Acts 1905, p. 95), authorizing a foreign administrator to sue on a cause of action arising in another State is unconstitutional and void for the reason the Legislature of this State has no power or authority to confer on an officer appointed by the courts of another State, the right to withdraw assets under its exclusive control and jurisdiction, and take them to another jurisdiction…
Read the full summary
Appeal from Linn Circuit Court. — Eon. John 8. Butler, Judge. (1) The law of 1905 (Session Acts 1905, p. 95), authorizing a foreign administrator to sue on a cause of action arising in another State is unconstitutional and void for the reason the Legislature of this State has no power or authority to confer on an officer appointed by the courts of another State, the right to withdraw assets under its exclusive control and jurisdiction, and take them to another jurisdiction without the consent or authority of the court appointing such officer. The Legislature can legislate only upon matters…
1Opinion of the CourtEllison, J.
James E. Sims was engaged in defendant’s service as a switchman in its yards at Cheyenne, in the State of Wyoming. While so engaged he was killed by cars he was assisting to switch from one track to another. The plaintiff is administrator of his estate, appointed in the State of Wyoming. He brought this action against defendant in Linn county, Missouri. Under the laws of Wyoming an action is given to the administrator for the death of his intestate caused by the negligence of another, the sum recovered to be distributed to those entitled to his estate. [Secs. 3448, 3449, R. S. Wyoming 1899.]…
2Cases cited10 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Demattei v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Tash v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
- Wells v. DavisSupreme Court of Missouri · 1924
5 more not listed; retrieve them via the Exa API.