Illinois Central Railroad v. Cragin

Citations

• 71 Ill. 177

Syllabus

<p>1. Action, when local—remedy against railroad, company for causing death by wrongful act or negligente. The law creating a right of action against a railroad company for causing the death of a person by wrongful act or negligence, is purely local to the State in which the right is created, although it may be otherwise in cases of actions under the statute against individuals. Corporations being local to the State which creates them, the right of action against them must be local to the same State, and can not be enforced beyond its territorial jurisdiction.</p> <p>3. Administration—jurisdiction to grant letters—what constitutes property. The right of action created by statute in this State in favor of the administrator of a person whose death was caused by the wrongful act or negligence of a railroad company in this State, can not be regarded as property in the State of Iowa, in such sense as to confer jurisdiction in that State to grant letters of administration upon the estate of the deceased.</p> <p>3. Evidence—questioning administration collaterally. Where the court of another State,’having jurisdiction to grant letters of administration, entertains an application for that purpose, and letters are issued on its order after having adjudicated thereon, then it maybe that determination will be regarded as res adjudicata, and beyond the inquiry of any court in a collateral proceeding; but where the transcript in respect to the grant of letters fails to show any such adjudication or that the letters were issued under an order of court, but it appears they were issued by the clerk of the court on his own authority, then the act will be regarded as ministerial and not judicial, and it may be inquired collaterally whether the conditions existed requisite to give jurisdiction to grant the letters.</p> <p>4. Negligence — contributory and comparative. In an action by an administrator against a railway company, to recover damages for causing the death of the intestate, e