Legal Opinion

Wise v. . Hollowell

Supreme Court of North Carolina

Decided October 11, 1933Published

1Opinion of the CourtAdams, J.

It is admitted that the accident and the death of the intestate occurred in the State of Virginia. The measure of the defendant’s duty and the question of his liability for negligence must be de*289termined bj tbe law of that State, for if the act complained of is insufficient to constitute a cause of action there it is likewise insufficient here. If under the lex loci there is a right of action, comity permits it to be prosecuted in another jurisdiction unless public policy forbids. This is conceded. Minor on Conflict of Laws, 479, sec. 194; Goodrich on Conflict of Laws, 199; Howard v. Howard,…

2Cases cited14 opinions

  1. Pritchard v. NortonSupreme Court of the United States · 1882
  2. Slater v. Mexican National RailroadSupreme Court of the United States · 1904
  3. Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
  4. Boggs v. PlybonSupreme Court of Virginia · 1931
  5. Howard v. . HowardSupreme Court of North Carolina · 1931

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