Slater v. Mexican National Railroad Company
United States Supreme Court
194 U.S. 120, 24 S. Ct. 581, 48 L. Ed. 900 (1904)
- Written by Mary Phelan D'Isa, JD
Facts
William H. Slater’s widow and surviving children (plaintiffs), citizens of Texas, sued the Mexican National Railroad Company (railroad) (defendant), a Colorado corporation, for William’s death in Mexico that was allegedly caused by the railroad’s negligence. The widow and surviving children set forth the Mexican law granting them expenses for varying periods subject to modifications due to changing circumstances. The railroad demurred (objected to the claim) and argued that the Mexican remedy was so different from a Texas wrongful-death claim that there was no remedy under Texas law. The trial judge allowed the claim to go to the jury, which awarded a lump sum under Texas law. The railroad appealed, and the circuit court of appeals reversed and ordered the action dismissed. Thereafter, the widow and surviving children appealed.
Rule of Law
Issue
Holding and Reasoning (Holmes, J.)
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