Willis v. Mo. Pac. R'y Co.

Citations

• 61 Tex. 432
• 1884 Tex. LEXIS 119

Syllabus

<p>1. Action for torts. — At common law, though the husband may sue for injuries inflicted on his person by another, yet, if death ensues, no right of action was given to the wife. That right is conferred in Texas by statute.</p> <p>2. Bight of action — Torts. — When the action is transitory and is based on personal injuries, recognized as such by universal law, the suit may be brought where the aggressor is found, irrespective of the provisions of the local la.w, or whether there be any law at all in force at the place where the wrong was inflicted.</p> <p>3. Same — Jurisdiction. — When the right of action exists only by reason of a statute, it can be enforced only in the state where the statute has an existence and where the injury occurred. The cause of action must have arisen and the remedy must be pursued in the same state, and that must be the state where the law was enacted and has effect.</p> <p>4. Damages — Bailroad company.— A railway chartered by the state cannot be sued in a state court by the surviving wife for damages alleged to have resulted from the negligent killing of her husband by the road in the Indian Territory, when no law existed conferring on the wife the right to recover damages in such a case.</p> <p>5. Case distinguished.— This case distinguished from McDonald v. Mallory, 77 N. Y. 546.</p>