Vicksburg S. P. Railway Co. v. Williams
Vicksburg S. P. Railway Co. v. Williams
Opinion of the Court
delivered tbe opinion of tbe court.
There is but one question presented by this appeal,, and that is: Do tbe laws of Louisiana give to tbe administrator of a deceased person tbe right to sue for tbe alleged wrongful death of the intestate? The injury causing tbe death was inflicted in Louisiana, and this action-was instituted in this state by tbe administrator of tbe estate of -the deceased. Tbe law of Louisiana, giving a.. right of action for damages in cases like this, is as follows :
In the case of Vaughan v. Dalton Lumber Co., 119 La. 61, 43 South. 926, the court ruled that this article must be strictly construed, and that all classes of persons not expressely included in the article are excluded. The law of Louisiana fixes the rights of the parties to this suit, and is not in conflict with the policy of this state. No statute of that state or decision of its court having been called to our attention, or discovered by us, giving the right of action to an administratpr, the judgment of the court below is reversed, and the ease dismissed.
Reversed, and case dismissed.
Reference
- Full Case Name
- Vicksburg S. P. Railway Co. v. Caesar Williams
- Status
- Published
- Syllabus
- 1. Death. Actions. What law governs. Damages. Administrator. Where the injury causing death was inflicted in the state of Louisiana and the action for same was brought in this state, the law of Louisiana fixes the rights of the parties to the suit, and is not in conflict with the policy of this state. 2. Same. Under the laws of Louisiana the administrator of a deceased', person has no right of action for damages from an injury-causing his death and an administrator cannot maintain such, action in Mississippi for the wrongful death of his intestate in. Louisiana.