95 P. 862 | Cal. | 1908
The complaint charged that Orion F. Ryan met his death in the territory of Alaska through the negligence of the defendant company by which he was employed. Plaintiff sues to recover damages for the death so occasioned, not as the personal representative, but as his mother and sole surviving heir. (Code Civ. Proc., sec. 377.) The complaint is silent as to the laws of the territory of Alaska, and defendant's general demurrer for lack of facts was sustained by the court without leave to amend, and the action was accordingly dismissed.
The demurrer was properly sustained. Where the action, as here, is transitory in its nature, a right or liability imposed by the statute of another state, or of the United States, may in proper cases be asserted and enforced in this state. Such may be taken to be the settled rule since the case of Dennick v. Railway,
But it is equally well settled that not only must the law of the foreign state be pleaded to show that in that forum there existed the right of action sued upon, but also it must be pleaded to show that the action is brought by the person in *440
whom, under the laws of the foreign jurisdiction, the right of action is vested, and this because, as is said in Dennick v.Railway,
The judgment appealed from is, therefore, affirmed.
Henshaw, J., Shaw, J., Angellotti, J., Lorigan, J., and Sloss, J., concurred.