William R. Day

“ Justice Miller, in delivering the opinion of the court in that case, said:
'It would be a very dangerous doctrine to establish that in all cases where the several states have substituted the statute for the common law, the liability can be enforced in no other state but that where the statute was enacted and the transaction occurred.' An action for personal injuries is universally held to be transitory, and maintainable wherever a court may be found that has jurisdiction of the parties and the subjectmatter. ”

“ On the other hand, it equally little means that the law of the place of the act is operative outside its own territory. The theory of the foreign suit is that, although the act complained of was subject to no law having force in the forum, it gave rise to an obligation, an obligatio, which, like other obligations, follows the person, and may be enforced wherever the person may be found. ”

“ Section 1 of the act provides that 'hereafter there shall be no civil liability under either the common law or any statute of this territory on the part of any person or corporation for any personal injuries inflicted or death caused by such person or corporation in this territory'-unless certain things are done. It is required that the person injured shall make and serve, within ninety days after such injuries shall have been inflicted, and thirty days before beginning suit, an affidavit upon the person against whom damages are claimed ”

“ Central R. Co. supra. But, if the only source of this obligation is the law of the place of the act, it follows that that law determines not merely the existence of the obligation (Smith v. Condry, 1 How. 28, 11 L. ed. 35) , but equally determines its extent. ”