In Whitford v. Panama Railroad Co., 23 NY 465 (1861), the Court of Appeals dismissed a statutory wrongful death action based on an accident in the country of "New Granada." The Court of Appeals held that dismissal was warranted because the estate's right to recovery depended on a New York statute that was inconsistent with the common law rule terminating causes of action upon the victim's death. (Whitford, 23 NY at 468.)