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Conflict of Laws Keyed to Kay, 11th Ed.
Hughes v. Fetter
Citation:
341 U.S. 609 (1951)Facts
Harold Hughes, a Wisconsin resident, was fatally injured in an automobile accident in Illinois. The appellant administrator, appointed under Wisconsin law, brought an action in Wisconsin state court based on the Illinois wrongful death statute. The defendants were the allegedly negligent driver, also a Wisconsin resident, and an insurance company created under Wisconsin law. Both the decedent and all parties were Wisconsin residents. The Wisconsin trial court granted summary judgment dismissing the complaint, relying on Wisconsin Statute § 331.03, which creates a right of action only for deaths caused within Wisconsin. The court interpreted this statute as establishing a local public policy against entertaining suits brought under wrongful death acts of other states. The Wisconsin Supreme Court affirmed this dismissal despite constitutional objections under the Full Faith and Credit Clause.
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