Page:Federal Reporter, 1st Series, Volume 4.djvu/631

 MACKAT V. CENTRAL B. CO. 617 �Maokat, Adminîstratrix, etc. ». Central E. Co. {Cireuit Court, 8. D. New Torh. November 8, 1880.) �1. Administration— Power to Sue— Law oi" roiîEiGN State. — An ad- ministrator in one state cannot recover damages for the benefit of the ■widow and next of kin in the courts and under the authority of a stat- ute of another state. Biehardaon v. N. Y, Central,: R. Ço. 98 Mass. 85. Woodward v. Michigan Southern, etc., B. Oo. 10 Ohio St. 121. �Shipman, D. J. The complaint in this case alleges that on April 23, 1874, Louisa S. Mackay died, and subsequently let- ters of administration upon her estate were duly granted to the plaintiff, a resident of the city of New York, by the sur- rogate of the county of New York; that the plaintiff duly qualified and entered upon the discharge of the duties of said office; that the defendants are a corporation created under the laws of the state of New Jersey, and are eommon carriers of passengers between the cities of New York and Jersey City, and on April 23, 1874, received Louisa S. Mackay, in New York, into one of their ferry-boats as a passenger, to be transported to Jersey City, and so unskilfuUy conducted themselves that in consequence of their negligence she fell between the end of the boat and the pier, at Jersey City, and was drowned. The complaint further alleges that by an act of the legislature of New Jersey, passed March 3, 1848, it was provided: "(1.) Whenever the death of a person shall be caused by 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, and the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwith- standing the death of the person injured, and although the death shall have been caused under such circumstances as amoiint in law to a felony. (2.) Every such action shallbe brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every ����