Charles Evans Hughes

“ Had the railroad company made such a demand, there is no reason to believe that it would not have been sustained. Relying upon what appears to be an erroneous construction of the Idaho statute, it preferred to facilitate the administratrix in obtaining the recovery in the absence of the mother, and without its being shown that the suit was brought in her interest and with her authority, and the predicament in which it now finds itself is due solely to its own conduct. ”

“ It is left to the plaintiff in error to contend, in substance, that the Idaho court sustained the right of a personal representative, that is, of a duly appointed administrator, to sue under the Idaho statute for the benefit of the 'heirs,' but denied credit to the judgment in question, recovered in virtue of that right, simply because of the subsequent decision of the Tennessee court in refusing to permit the mother to participate in the proceeds of the recovery ”

“ On July 31, 1909, A. P. Whitley, a passenger, was killed in a collision at or near La Cross or Gibbs Station, Idaho, and the court found that his death was caused by the defendant's negligence. The law of the state of Idaho provided: 'When the death of a person, not being a minor, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death.' (Rev. Codes, § 4100.) The deceased, at the time of his death, was a resident of Shelby county, Tennessee. ”