284 U.S. 284 (1932), 130, Denver & Rio Grande Western Railroad Co. v. Terte

Docket Nº:No. 130
Citation:284 U.S. 284, 52 S.Ct. 152, 76 L.Ed. 295
Party Name:Denver & Rio Grande Western Railroad Co. v. Terte
Case Date:January 04, 1932
Court:United States Supreme Court

Page 284

284 U.S. 284 (1932)

52 S.Ct. 152, 76 L.Ed. 295

Denver & Rio Grande Western Railroad Co.

v.

Terte

No. 130

United States Supreme Court

Jan. 4, 1932

Argued November 24, 1931

CERTIORARI TO THE SUPREME COURT OF MISSOURI

Syllabus

1. A court of a state where a foreign railroad corporation is authorized to do business, owns and operates part of its lines, maintains an office, and has agents for the transaction of its general business has jurisdiction of a suit against the company in damages for personal injuries under the Federal Employers' Liability Act, brought by a resident upon a cause of action which arose in another state when he was residing there. P. 287.

2. Jurisdiction in such case is not defeated by the fact that a second railroad company, over which the court is without jurisdiction, is named codefendant. Id.

3. A foreign railroad corporation which is not authorized to do business within the state, and does not own or operate any of its lines within the state, although it owns some property there and employs agents who solicit traffic, held not subject to the jurisdiction of a court of that state in a suit in damages for personal injuries under the Federal Employers' Liability Act brought by a resident upon a cause of action which arose in another state when he was residing there, as otherwise an undue burden upon interstate commerce would result. Id.

4. The prohibition against burdening interstate commerce cannot be evaded merely by attaching the property of the foreign railroad corporation within the state, nor may it be avoided by joining as codefendant in the suit a second railroad company over which the court has jurisdiction. The burden and expense which the carrier must incur in order to make defense in a state where the accident did not occur has no relation to the nature of the process used to bring it before the court. Id.

5. The fact that witnesses for the plaintiff reside within the state, thus enabling him to try his cause there with less inconvenience

Page 285

than elsewhere, is not sufficient to justify the state court in retaining jurisdiction of the suit. P. 287.

Reversed.

Certiorari, post, p. 601, to review a judgment of the Supreme Court of Missouri denying a petition for a writ of prohibition to restrain a county circuit court from entertaining further jurisdiction of a suit in damages for personal injuries, under the Federal Employers' Liability Act, against two foreign railroad corporations.

MCREYNOLDS, J., lead opinion

[52 S.Ct. 153] MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

This writ of certiorari to the Supreme Court of Missouri brings up for review a judgment which denied a petition for prohibition without an accompanying opinion.

Following the local practice, the Denver & Rio Grande Western Railroad Company (Rio Grande) and the Atchison, Topeka & Santa Fe Railway Company (Santa Fe) presented their petition directly to the Supreme Court. After setting out the proceedings in an action against them pending in the Jackson County Circuit Court, it alleged that, if the cause proceeded to trial, an undue...

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76 practice notes
  • 608 F.2d 731 (9th Cir. 1979), 77-3603, Walker v. Loggins
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • 1 February 1979
    ...examine the offenses to ascertain "whether each provision requires proof of a fact which the other does not." Id., at 304, 52 S.Ct. at 152. As Blockburger and other decisions applying its principle reveal, see, E. g., Gore v. United States, 357 U.S. 386, 78 S.Ct. 1280, 2 L.Ed.2d 1......
  • 21 S.E.2d 94 (Ga. 1942), 14059, Southern Ry. Co. v. Parker
    • United States
    • Georgia Supreme Court of Georgia
    • 28 May 1942
    ...Michigan Central Railroad Co. v. Mix, 278 U.S. 492, 49 S.Ct. 207, 73 L.Ed. 470; Denver & Rio Grande Western Railroad Co. v. Terte, 284 U.S. 284, 52 S.Ct. 152, 76 L.Ed. 295; International Milling Co. v. Columbia Transportation Co., 292 U.S. 511, 54 S.Ct. 797, 78 L.Ed. 1396. This is not t......
  • 173 S.E. 583 (N.C. 1934), 86, Steele v. Western Union Telegraph Co.
    • United States
    • North Carolina Supreme Court of North Carolina
    • 21 March 1934
    ...44 S.Ct. 469, 68 L.Ed. 928; Michigan Central Ry. Co. v. Mix, 278 U.S. 492, 49 S.Ct. 207, 73 L.Ed. 470; Denver, etc., Ry. Co. v. Terte, 284 U.S. 284, 52 S.Ct. 152, 76 L.Ed. 295; Simon v. Southern Ry. Co., 236 U.S. 115, 35 S.Ct. 255, 59 L.Ed. 492; Old Wayne Life Ass'n v. McDonough, 204 U.S. 8......
  • The Dormant Commerce Clause As a Limit on Personal Jurisdiction
    • United States
    • Iowa Law Review Nbr. 102-1, November 2016
    • 1 November 2016
    ...as to where that conduct will and will not render them liable to suit”). 5. See, e.g., Denver & Rio Grande W. R.R. Co. v. Terte, 284 U.S. 284, 287 (1932); Michigan Cent. R.R. Co. v. Mix, 278 U.S. 492, 495 (1929); Davis v. Farmers’ Co-Op. Equity Co., 262 U.S. 312, 315 (1923); Panstwowe Z......
  • Free signup to view additional results
74 cases
  • 608 F.2d 731 (9th Cir. 1979), 77-3603, Walker v. Loggins
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • 1 February 1979
    ...examine the offenses to ascertain "whether each provision requires proof of a fact which the other does not." Id., at 304, 52 S.Ct. at 152. As Blockburger and other decisions applying its principle reveal, see, E. g., Gore v. United States, 357 U.S. 386, 78 S.Ct. 1280, 2 L.Ed.2d 1......
  • 21 S.E.2d 94 (Ga. 1942), 14059, Southern Ry. Co. v. Parker
    • United States
    • Georgia Supreme Court of Georgia
    • 28 May 1942
    ...Michigan Central Railroad Co. v. Mix, 278 U.S. 492, 49 S.Ct. 207, 73 L.Ed. 470; Denver & Rio Grande Western Railroad Co. v. Terte, 284 U.S. 284, 52 S.Ct. 152, 76 L.Ed. 295; International Milling Co. v. Columbia Transportation Co., 292 U.S. 511, 54 S.Ct. 797, 78 L.Ed. 1396. This is not t......
  • 173 S.E. 583 (N.C. 1934), 86, Steele v. Western Union Telegraph Co.
    • United States
    • North Carolina Supreme Court of North Carolina
    • 21 March 1934
    ...44 S.Ct. 469, 68 L.Ed. 928; Michigan Central Ry. Co. v. Mix, 278 U.S. 492, 49 S.Ct. 207, 73 L.Ed. 470; Denver, etc., Ry. Co. v. Terte, 284 U.S. 284, 52 S.Ct. 152, 76 L.Ed. 295; Simon v. Southern Ry. Co., 236 U.S. 115, 35 S.Ct. 255, 59 L.Ed. 492; Old Wayne Life Ass'n v. McDonough, 204 U.S. 8......
  • 17 F.Supp. 602 (S.D.Ohio 1936), 1198, Chesapeake & O. Ry. Co. v. Vigor
    • United States
    • Federal Cases United States District Courts 6th Circuit Southern District of Ohio
    • 29 December 1936
    ...To the same effect may be cited, Hoffman v. State of Missouri, 274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905; Denver & R.G.R. Co. v. Terte, 284 U.S. 284, 52 S.Ct. 152, 76 L.Ed. 295; Southern Railway way Co. v. Cochran (C.C.A.) 56 F. (2d) 1019; Hoch v. Byram, 180 Minn. 298, 230 N.W. 823; Wolf ......
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2 books & journal articles
  • The Dormant Commerce Clause As a Limit on Personal Jurisdiction
    • United States
    • Iowa Law Review Nbr. 102-1, November 2016
    • 1 November 2016
    ...as to where that conduct will and will not render them liable to suit”). 5. See, e.g., Denver & Rio Grande W. R.R. Co. v. Terte, 284 U.S. 284, 287 (1932); Michigan Cent. R.R. Co. v. Mix, 278 U.S. 492, 495 (1929); Davis v. Farmers’ Co-Op. Equity Co., 262 U.S. 312, 315 (1923); Panstwowe Z......
  • New York Times v. Sullivan
    • United States
    • West's Encyclopedia of American Law Milestones in the Law
    • 1 January 2005
    ...Co-operative Co., 262 U.S. 312 (1923); Michigan Central R. R. Co. v. Mix, 278 U.S. 492, 496 (1929); Denver & R.G. W. R. Co. v. Terte, 284 U.S. 284, 287 The decisions of this Court do not support the holding that the sporadic newsgathering activities of correspondents and stringers of Th......