Railway Co. v. Whitton's Administrator
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Wisconsin. Henry Whitton, as administrator of the estate of his wife in Wisconsin, under letters of administration granted in that State, brought suit in 1866 in one of the Slate courts of Wisconsin to recover damages for the death of his wife; the same having been caused, as he alleged, by the carelessness and culpable mismanagement of the Chicago and Northwestern Railway Company.
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Error to the Circuit Court for the Eastern District of Wisconsin. Henry Whitton, as administrator of the estate of his wife in Wisconsin, under letters of administration granted in that State, brought suit in 1866 in one of the Slate courts of Wisconsin to recover damages for the death of his wife; the same having been caused, as he alleged, by the carelessness and culpable mismanagement of the Chicago and Northwestern Railway Company. The action was founded on a statute of Wisconsin, which provides that “whenever the death of a person shall be caused by a wrongful act, neglect, or default,…
1Opinion of the Court
Mr. Justice FIELD,
having stated the case, delivered the
opinion of the court as follows:
The jurisdiction of the action by the Federal court is denied on three grounds: the character of the parties as supposed citizens of the same State; the limitation to the State court of the remedy given by the statute of Wisconsin; and the alleged invalidity of the act of Congress of March 2d, 1867, under which the removal from the State court was made.
First, as to the character of the parties. The plaintiff is a citizen of the State of Illinois and the defendant is a corporation created under the law's of…
2Cases cited3 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Suydam v. BroadnaxSupreme Court of the United States · 1840
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- Coffin v. United StatesSupreme Court of the United States · 1895
- Clark v. BarnardSupreme Court of the United States · 1883
- Virginia v. RivesSupreme Court of the United States · 1880
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