Chambers v. Baltimore & Ohio R. Co., 207 U.S. 142 (1907)

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Chambers v. Baltimore and Ohio Railroad Company

No. 22

Argued October 17, 18, 1907
Decided November 18, 1907
207 U.S. 142

ERROR TO THE SUPREME COURT

OF THE STATE OF OHIO

Syllabus

This Court has jurisdiction to review the judgment on writ of error under § 709, Rev.Stat., if the opinion of the highest court of the state clearly shows that the federal question was assumed to be in issue, was decided adversely, and the decision was essential to the judgment rendered.

The right to sue and defend in the courts of the states is one of the privileges and immunities comprehended by § 2 of Art. IV of the Constitution of the United States, and equality of treatment in regard thereto does not depend upon comity between the states, but is granted and protected by that provision in the Constitution, subject, however, to the restrictions of that instrument that the limitations imposed by a state must operate in the same way on its own citizens and on those of other states. The state’s own policy may determine the jurisdiction of its courts and the character of the controversies which shall be heard therein.

The statute of Ohio of 1902 providing that no action can be maintained in the courts of that state for wrongful death occurring in another state except where the deceased was a citizen of Ohio, the restriction operating equally upon representatives of the deceased whether they are citizens of Ohio or of other states, does not violate the privilege and immunity provision of the federal Constitution.

73 Ohio St. 1 affirmed.

The facts are stated in the opinion.