11 F. Cas. 154 | U.S. Circuit Court for the District of Eastern Missouri | 1875
In 1853 the state of Illinois enacted what is known in England as “Lord Campbell’s Act” (9 & 10 Viet c. 93). The second section of the Illinois act provides that “every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered shall be for the exclusive benefit of the widow and next of kin” of such deceased person. This action is-originally brought in this court by Louisa Hagen, widow of the late Charles E. Hagen, whom the petition states to have been killed in 1870, in the state of Illinois, by the wrongful act of the defendants. The petition states a case within the Illinois act above mentioned. It avers also that the said husband of the plaintiff died without children or next of kin, and that she is his widow and personal representative. It does not aver however, that she has ever taken out letters of administration either in Illinois or Missouri. It does state a case showing that, under the statutes of Illinois, she would as widow be solely entitled to any sum recovered for the wrongful death of her husband.
The right of action in a case of this kind is created by statute, and it must be brought by and in the name of the person whom the statute prescribes shall bring it. — that is the “personal representative” of the deceased. And these words in the statute of Illinois have been authoritatively construed by the supreme court of that state to mean “the executor or administrator.” City of Chicago v. Major, 18 Ill. 349; Boutiller v. The Milwaukee, 8 Minn. 97 [Gil. 72]; Western, etc., R. Co. v. Strong, Sup. Ct. Ga., 1874 [52 Ga.
Demurrer sustained.
