Stockwell v. Boston & M. R.

Citations

• 131 F. 153
• 1904 U.S. App. LEXIS 4893

Syllabus

<p>1. Federal Courts — Diversity op Citizenship — Amendment op Record.</p> <p>Where a demurrer to a declaration in a federal court was sustained because of an insufficient averment of diversity of citizenship on which jurisdiction depended, plaintiff was entitled to amend the writ to show diversity of citizenship according to the fact.</p> <p>2. Wrongful Death — Transitory Cause op Action — Accrual—Place.</p> <p>Where intestate was domiciled in Vermont at the time he was killed in New Hampshire, the cause of action for his alleged wrongful death accrued to him in Vermont, and not in New Hampshire.</p> <p>•3. Same — Survival op Action.</p> <p>A cause of action for wrongful death would not survive, as authorized by Pub. St. N. H. 1901, c. 191, in any place where an administrator should be appointed merely for the purpose of recovering damages for such wrongful death as an asset of decedent’s estate, but survived only in the state where deceased had his domicile at the time of his death, where the cause of action accrued.</p> <p>¶ 1. Averments of citizenship to show jurisdiction in federal courts, see note to Shipp v. Williams, 10 C. C. A. 261.</p>