Usher v. West Jersey R.

Citations

• 126 Pa. 206
• 17 A. 597
• 1889 Pa. LEXIS 858

Syllabus

<p>1. The right of action to recover damages for injuries resulting in the death of the person injured being entirely statutory, the action must be brought in the name of the person to whom the right is given by the statutes of the state where the injuries are inflicted.</p> <p>2. The statute of this state, act of April 26, 1855, P. L. 309, giving a right of action to the widow, etc., of the deceased, has no extra-territorial force enabling her to bring suit in the courts of this state, for injuries resulting in the death of her husband inflicted in a foreign state.</p> <p>3. The New Jersey statute, providing that “every such action shall bo brought by and in the names of the personal representatives of such deceased person,” but “ for the exclusive benefit of the widow and next of kin,” does not authorize a widow to sue in her own name in the courts of this state, upon a cause of action accruing in New Jersey.</p>