205 Pa. 264 | Pa. | 1903
Opinion by
Frank R. Boulden, a resident of New Jersey, was seriously injured in a collision between two trains while being carried on the defendant company’s road as a passenger between Camden and Trenton in that state, on February 21, 1901, and as a result of which injuries lie died two days thereafter. He left to survive him a widow and a mother, both residing in New Jersey, where letters of administration on his estate were duly granted to his widow, Kate R. Boulden. No administration was raised in this state. It was admitted that the collision in which Boulden was injured was caused by the negligence of one of the company’s employees, and that the defendant would have been liable to Boulden for the injuries he received if death had not ensued.
As appears by the statement filed in this case, “the plaintiff, Kate R. Boulden, administratrix of the estate of Frank R. Boulden, deceased, as the personal representative of said Frank R. Boulden, deceased, brings this suit against the Pennsylvania Railroad Company, to recover damages for the exclusive benefit of the widow and next of kin of the said Frank R. Boulden, deceased, by reason of the death of the said Frank R. Boulden through the negligence of the defendant, the Pennsylvania Railroad Company, its servants, agents or employees.” The action was instituted in pursuance of a statute of New Jersey of March 3, 1848, as amended by that of March 31, 1897, which is, inter alia, as follows: “ Section 1. Whenever the death of a person shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Section 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next
The second and third assignments of error were abandoned on the argument of the case. The other assignments raise two questions: 1. Was the defendant company entitled to show in mitigation of damages that the deceased was a member of its relief department and that his mother, as his beneficiary, received the death benefits to which his membership, therein entitled her? 2. Could the plaintiff, as administratrix, duly appointed in New Jersey, without ancillary letters having been granted in this state, bring an action here under the New Jersey statute to recover damages resulting from the death of her intestate ?
1. Both of these questions were determined by the learned trial judge in favor of the plaintiff, and we think rightly so. It will be observed that this action was brought in pursurance of the provisions of a statute of New Jersey. The beneficiaries named in the statute are the widow and next of kin who, in this instance, appears to be the mother of the deceased. Whatever damages may be recovered will be distributed between the widow and the mother in the proportion provided by the intestate laws of New Jersey. The individuals, however, who are beneficiaries under the statute are not named in, nor parties to, this suit, which was instituted pursuant to the statutory requirement “ by and in the name of the personal representative of the deceased.” The mother, therefore, was not a party to the action nor, so far as the pleadings disclose, was she entitled to receive any part of the damages that might be recovered. The only questions in the case were whether a right of action had accrued to the personal representative of Boulden by reason of his death having been caused “ by the wrongful act, neglect, or default” of the defendant company; and if so, the amount
2. We have held that a suit will lie here for a cause of action arising in another state out of the alleged negligence of the defendant in that state resulting in death: Knight v. West Jersey R. R. Co., 108 Pa. 250. It has also been expressly decided by this court in a case arising under the New Jersey statute in question here, that the only proper plaintiff in such action in Pennsylvania is the individual in whom the right of action is vested by the laws of the state where the injuries were inflicted: Usher v. West Jersey R. R. Co., 126 Pa. 206. The New Jersey statute provides that the “ action shall be brought by and in the names of the personal representatives of such deceased person.” This action was brought, in compliance with the statute, in the name of the personal representative of Frank R. Boulden, the deceased, and the statement avers that the damages are recoverable for the exclusive benefit of his widow and next of kin. It would, therefore, appear that in this action the plaintiff has followed strictly not only the statutory requirement but our construction of it. The defendant company contends, however, that the letters of administration granted the
We think it is clear that the plaintiff, who is the personal representative of the deceased in the state of New Jersey, could bring this action without having taken out ancillary letters of administration in this state. The assignments of error, therefore, are overruled and the judgment is affirmed.