140 Minn. 494 | Minn. | 1918
The relator is administratrix of her husband who was killed in a collision between an automobile in which he was riding and a train of the Hnion Pacific Railroad Company at a public crossing in Lexington, Nebraska, on March 31, 1917. On August 2, 1917, she commenced an action in Hennepin county, Minnesota, to recover damages for his death upon a cause of action given by the Nebraska statute. Issues were joined and the action was set for trial on February 18, 1918. On February 2, 1918, the Hnion Pacific Company commenced an action in Nebraska to enjoin the relator from prosecuting the Minnesota action. On February 4, the relator was restrained by the Nebraska court from further prosecution until February 25, 1918, for which date the hearing on the application for a temporary injunction was set. On February 13, 1918, the district court of Hennepin county issued an order to show cause why the Minnesota action, because of the Nebraska injunction, should not be stayed until the final determination of the issues in the Nebraska action and on February 16, 1918, an order granting such stay was entered.
The railway company is organized under the laws of Utah and has a line in Nebraska but none in Minnesota, though subject to jurisdiction here. It is assumed by counsel throughout that the plaintiff is a citizen of Nebraska, as was her husband, though it is perhaps nowhere distinctly so alleged or admitted.
This is an original proceeding in this court by mandamus to compel the district court of Hennepin county to proceed with the action. The only question is the propriety of the order granting a stay. In the return the respondents called attention to the order of the Director General of railroads, known as General Order No. 18, dated April 9, 1918, made in view of the act of Congress of March 21, 1918, directing that suits be brought in the county or district where the plaintiff resides or where the cause of action arose. When the case was finally submitted they withdrew all claim by virtue of this order, and the effect of it is not considered by us.
A cause of action given by the Nebraska statute for death occurring there will be enforced in Minnesota unless contrary to its public policy. In Herrick v. Minneapolis & St. L. Ry. Co. 31 Minn. 11, 16 N. W. 413, a pioneer case, it was held that a cause of action occurring in Iowa, making a railroad liable to its employees for injuries sustained through the negligence of coemployees, would be enforced in this state, though at that time we had no railway fellow-servant act and for an injury in this state there would not have been liability. So we have held that a cause of action given by the statute of another state for death by wrongful act, though differing from ours, if not contrary to its policy, will be enforced here. Powell v. Great Northern Ry. Co. 102 Minn. 448, 113 N. W. 1017, and cases cited; 2 Notes on Minn. Reports, 452, and cases; Dunnell, Minn. Dig. & 1916 Supp. § 2603. This is the rule prevailing everywhere. It is the policy of the state as evidenced by our decisions to enforce such causes of action. It is the policy as evidenced by our statute which permits a foreign executor or administrator to maintain such an action. G. S. 1913, § 8178.
Such causes of action are enforced as a matter of comity. Neither the full faith and credit clause nor the privileges and immunities clause of the Constitution (U. S. Const, art. 4, §§ 1, 2), requires their enforcement
That the courts of Nebraska on equitable grounds may enjoin its citizens from proceeding in Minnesota courts without violating either the full faith and credit or the privileges and immunities clause is clear. Cole v. Cunningham, 133 U. S. 107, 10 Sup. Ct. 269, 33 L. ed. 538, is a leading Federal ease. And so other cases hold. Weaver v. Alabama R.
Let a peremptory writ issue.