Page:Federal Reporter, 1st Series, Volume 8.djvu/863

BOYD V. CLABK. 8*9 �BoYD, Adm'r, etc., ». Clark and others. [Circuit Court, E. D. Michigart. October 17, 1881.) �1. UOliIXiICT OP LaWS — RiaHTS AND REMEDIES— PbRIODS OF LIMITATION. �Where a statute gives a right unknown to the common law, and limits the time within which an action shall be brought to assert such right, such limita- tion will be enforced by the courts of any state wherein the plaintifE may sue. Hence, where a statute of the province of Ontario gave compensation for death, caused by the wrongful act of another, and further provlded that action should be brought within 12 months after such death, it was Md that this limitation was also applicable to actions brought in the state of Michigan under this statute. �On Demurrer to Declaration. �This is an action, based upon a statute of the province of Ontario, to recover damages for the death of plaintifl's intestate by reason of the alleged neglL gence of the defendants. The declaration sets forth that plaintiff's intestate (his son) was in the employment of defendants as a deck hand upon the steam-boat Alaska, owned by defendants and engaged iu navigation as a com- mon carrier between Detroit and Sandusky; that by reason of negligence and want of proper care on the part of the ownera in regard to the construction and equipment of the steamer, and in perraitting her to race with another vessel, the boiler exploded, while the steamer was in the waters of said prov- ince, and plaintifl's son was thrown into the lake and drowned. The declara- tion then sets forth the statute relied upon, the material portions of which read as rollows: �" Sec. 2 Whenever the death of a person has been caused by such wrong- ful act, neglect, or default as would, if death had not ensued, have entitled the party injured to maintain an action to recover damage in respect thereof, in such case the person who would have been liable if death had not ensued, shall be liable to an action for damages, etc. �" Sec. 3. Every such action shall be for the beneflt of the wife, husband, parent, aud children of the person whose death has been so caused, and shall be brought by and in the name of the executer or administrator of the person deceased.and in every such action the judgeor jury may give such damages as they think proportioned to the injury resulting from such death to the parties rcspectively for whom and for whose beneflt such action has been brought ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided among the before-mentioned parties, in such shares as the judge or jury by their verdict flnd and direct. �Sec. 5. Not more than one action shall lie for and in respect of the same subject-taatter of complaint, and every such action shall be commenced within 12 months after the death of the deceased person." �Here f ollow the. usual averments a^ to the next of kin, and the appointment of complainant as administrator. �To this declaration defendants demurred, mainly upon the ground that the action was not begun within the year, as required by section 5 of the stat- utes. �v.8,no.l2— 54 ��� �