Beach v. Bay State Co.
New York Supreme Court
Demurrer to complaint. The action was brought by the plaintiff, who was the widow and administratrix of John 0. Beach, deceased, to recover, under the acts of 1847 and 1849, for the wrongful act or neglect of the defendants, which caused her husband’s death. The complaint alleged that the plaintiff was, and the deceased had been, a resident of the city of New York.
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Demurrer to complaint. The action was brought by the plaintiff, who was the widow and administratrix of John 0. Beach, deceased, to recover, under the acts of 1847 and 1849, for the wrongful act or neglect of the defendants, which caused her husband’s death. The complaint alleged that the plaintiff was, and the deceased had been, a resident of the city of New York. It stated the death of the deceased, and the issue of letters of administration, and that the deceased left surviving him the plaintiff, being his widow, and also two brothers and two sisters (naming them); that the defendants were…
1Opinion of the CourtClerke, J.
It cannot be denied that any one State or nation has a right to give its citizens redress for any personal injury *421committed without as well as within its territorial limits, when it obtains the means of exercising jurisdiction on the wrongdoer. ■ This has always been recognized in the common law. Many, if not most, of the actions instituted in our courts of justice are transitory and not local; and if the cause upon which any one of them is founded arose in Japan, it would be just as tenable as if it arose in the State of Mew York. The authority of the State in this respect is not curtailed…
2Cited by3 opinions
- Stoeckman v. Terre Haute & Indianapolis RailroadMissouri Court of Appeals · 1884
- State v. CookSupreme Court of Vermont · 1866
- McIyor v. McCabeThe Superior Court of New York City · 1863